02.11.2010 CC Packet7
405 Municipal Drive, Kennedale, Texas 76060
www.cityofkennedale.com
AGENDA
KENNEDALE CITY COUNCIL
REGULAR MEETING — FEBRUARY 11, 2010
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. Joint work session with the Planning and Zoning Commission.
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.
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.
IX.
PRESENTATION
A. PowerPoint Presentation by committee members representing Art in the Park.
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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
B. City Council
C. City Manager
Xl. 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 January 14, 2010.
B. Approval to award bid and authorize the City Manager to execute a contract with
Gra -Tex Utilities, Inc., for the construction of water and wastewater improvements
on High Ridge Road located within the Oak Crest Addition, Kennedale, Texas.
C. Approval to award bid and authorize the City Manager to execute a contract with
Conatser Construction TX, LP, for the construction of the 16 -Inch Water Line B,
KHA No. 061156002.
D. Approval to authorize Mayor to execute Interlocal Agreement for Administrative
Costs Funding for Section 5310 Program with Fort Worth Transportation Authority.
E. Approval of agreement with the KEDC providing for the transfer of proceeds from
the sale of Certificate of Obligations, Series 2010 for construction of TownCenter
improvements.
F. Approval of Resolution No. 314, calling for a General Election to be held May 8,
2010, approving a joint contract with Tarrant County Elections Administrator to
administer the election, and establishing procedures for election.
G. Approval of Resolution No. 315, declaring certain property surplus and/or salvage
and authorizing the sale of said property.
H. Approval of Resolution No. 316, authorizing the City Manager to execute a J.P.
Morgan Chase Bank resolution and agreement to participate in State of Texas
Purchase Card Program.
I. Approval of Racial Profiling Report.
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XIL REGULAR ITEMS
J. Public hearing to receive public input regarding a proposed Ordinance No. 447 of
the City of Kennedale, Texas amending Chapter 23 of the Kennedale City Code of
Ordinance (1991), as amended, by adding a new Article DX " Stormwater
(Drainage) Utility System" to establish a municipal stormwater (drainage) 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 (Drainage) Utility System.
1. Staff Presentation
2. Public Input
3. Staff Response, if needed
K. Public hearing to receive public input regarding a proposed Ordinance No. 448 of
the City of Kennedale, Texas amending Chapter 23, Article DX " Stormwater
(Drainage) Utility System ", of the Kennedale City Code of Ordinances (1991), as
amended, by adding a new Division 2 " Stormwater (Drainage) Utility Fees" to
establish monthly stormwater (drainage) utility fees for the purpose of funding the
Stormwater (Drainage) Utility System.
1. Staff presentation
2. Public Input
3. Staff Response, if needed.
L. Discussion on Tarrant County Road Bond Projects.
M. Review and consider action to approve IESI residential and commercial garbage
rate increase for 2010.
N. Public hearing, review, and consider action to approve Resolution No. 317,
authorizing fundin� participation with Tarrant County Community Development
Housing for the 36' Year Community Development Block Grant for sanitary sewer
improvements on New Hope Road, Original Town of Kennedale, Kennedale,
Texas.
Staff presentation
Public Input
Staff Response, if needed.
Action to approve Resolution.
O. Review and consider action to authorize the Mayor to execute Interlocal
Agreement with Tarrant County regarding plat approval jurisdiction in the city's
extraterritorial jurisdiction.
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XIII. 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. Sublett Road re- alignment properties
2. Little School Road re- alignment properties
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.
City Manager
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.
1. Fallen Heroes Monument
2. Transfer of Bowman Springs Road property to the KEDC.
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 properties owned by HM Real Estate Management, LTD., being
approximately fifty -eight acres of land located west of the 3800 block of New
Hope Road and Bruce Johnson, Trustee, being approximately seventeen acres of
land located east of the 300 block of Jonah Road for a water line easement
acquisition.
B. Consider approval of Bowman Springs Road property transfer to the KEDC.
XV. ADJOURNMENT
Ln
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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 February 11, 2010, 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, February 8, 2010 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 1 2010.
Title: Kathy Turner, City Secretary, TRMC /CMC
Page 5 of 5
Staff Report
To the Honorable Mayor and City Council
Date: February 5, 2010
Agenda Item No: III A -B
Subject: Work Session
Originated by: Kathy Turner, City Secretary
Summary: Work Session
140.. a. Joint work session with the Planning and Zoning Commission.
b. Discuss and review any item on the agenda, if needed.
Recommendation:
Disposition by Council:
...,
Staff Report
to the Honorable Mayor and City Council
Date:
February 3, 2010
Work Session Agenda Item No: I III -a
Subject: I Possible amendments to the City of Kennedale city code
Originated by: I Rachel Roberts, Planner
Since spring of last year, the Planning & Zoning Commission has been working to draft
recommendations for revisions to several sections of the city code. The recommendations
will be discussed in more detail during future joint work sessions so that the
Commission will have the opportunity to receive comments and input from the City Council on
these recommendations before they go to public hearing at the council level. The February
NOW joint work session will introduce the issues and provide an overview so that the Council can
be familiar with the cases before the March joint work session. There are four cases for
which the Commission has held or plans to hold public hearings. These cases are as follows:
1. Revisions to the commercial and industrial zoning districts. The
Commission began working on this issue as part of the strategic plan.
2. Establishment of guest house regulations. The Commission drafted these
recommendations at the request of the Board of Adjustment.
3. Revisions to the outside storage regulations. This has been an item on
the Commission's work session agenda since early 2009 and is now moving
forward. A public hearing on these recommendations has been scheduled for
the Commission's February meeting. A copy of the draft recommendations is
included in the packet, but there are a few changes to be made. The
Commission has asked staff to amend the recommendations in order to allow for
industrial uses to have solid metal fencing, rather than masonry or concrete and
to define height requirements more clearly.
4. Revisions to the oil & gas ordinance. The Commission drafted these
recommendations based on several factors. First, the Board of Adjustment has
New asked for some revisions and clarification. Second, city staff has expressed
concern and frustration from its dealings with gas operators, and the Commission
has attempted to addresses those concerns through its recommendations.
Page 1 of 3
Finally, as urban gas drilling has evolved from a new use to an established one
through the past several years, unforeseen issues have arisen, and the
Commission perceives a need for the city's oil & gas ordinance to be reviewed
and revised.
Included in your packet is a draft of each of the recommended changes to the city code. We
hope the Council will be open to discussing these recommendations during the work session
in its March meeting.
Notes on recommended changes to the oil & gas ordinance.
Because of the weight of this issue, the related handouts in your packet are rather extensive.
This section of the staff report will provide an overview of the included documents, as well as
a background to the recommendations.
Last year, the Planning & Zoning Commission began researching possible changes to
Kennedale's oil & gas ordinance. The reasons for revising the ordinance were based on
concerns held by members of the Commission, the Board of Adjustment, residents, and city
staff. The concerns can be grouped in the following categories:
■ Development, current and future
o Oil & gas operations represent a form of development, as operators
attending the round table meeting stated. Oil & gas operations should
therefore be required to meet the same development standards that
other kinds of development must meet, and this includes drive
approach, drive way, and landscaping standards.
o In addition, Kennedale does not have much greenfield land remaining
that would be suitable for major development or for future parks and
open space. In addition, the city is planning several improvements —for
example, the upcoming road improvements and the possible addition of
the Fallen Heroes Memorial —that could be negatively affected by the
proximity of gas drilling and production. Oil & gas operations, therefore,
should be viewed for how they could have an impact on development.
All special exception requests must be screened for suitability, and oil &
gas operations ought not to be exempt from this process.
• Health & Safety
o The health aspects of oil & gas drilling and production continue to be an
issue of concern to the Kennedale community and to planning staff.
The Planning & Zoning Commission seeks to address these concerns
through clarification of the existing ordinance and through the addition
of new requirements.
• Environment
o Environmental concerns over gas operations have been making news
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headlines lately and have been a concern to some Kennedale
residents. For example, staff and Board of Adjustment members have
received calls from residents asking about what steps the city is taking
to monitor air quality. The ordinance revisions are meant to address
these concerns and to protect the city from unforeseen negative
impacts.
The revisions are also intended to protect the city's environmental
resources that serve or could serve as amenities to the community. For
example, providing additional protection to the city's floodplains could
help prevent the encroachment of drilling operations into areas the city
would like to preserve for future parks and trails. The importance of
parks and trails should not be underrated; not only are these resources
healthy for environmental quality, they are also recreational amenities
that improve the city's image overall.
In addition, the Commission and staff believe the oil & gas ordinance should be re-
organized, as the current organization can be a bit confusing.
After drafting a revised version of the oil & gas ordinance, the Commission asked staff
to seek input on the revisions from the four gas operators currently working in Kennedale.
Staff sent the draft to the operators, and the companies submitted written comments to us,
which are included with this staff report. The city also hosted a round table discussion,
attended by representatives from the four operators, representatives from a pipeline company
working in Kennedale, a member of the Board of Adjustment, a member of the Planning &
Zoning Commission, and city planning staff. An overview of the discussion is also included
with this report.
IVMW
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#1. Revisions to the commercial and industrial
zoning districts.
[Below are the proposed amended zoning ordinances concerning commercial
1410p' and industrial zoning districts. Sections that are proposed to be added are
printed in red and underlined
Revised commercial zoning district ordinance:
Sec. 17 -413A. "C -0" Retail Commercial District.
(a) Purpose. The "C -0" retail commercial district has been established to
provide for the development of retail oriented uses. This district is intended
to accommodate the basic shopping and service needs of residents and to
provide retail for merchants. Uses permitted in this district shall be
compatible with the neighborhoods in which they are located. This section
is not intended to prohibit the outside display of merchandise in the normal
course of retail business. This zoning district is not intended to
accommodate manufacturing of goods or other activities that may
.generate nuisance impacts, including glare, smoke or other air pollutants,
noise, vibration or manor fire hazards, or other impacts generally
associated with more intensive industrial uses Uses that are not intended
to be accommodated within the C -0 Retail Commercial Districts include
the following: wholesale and warehousing activities: sales, service or
repair of motor vehicles or machine equipment, including tires: and
automotive services centers. In addition, the C -0 zoning district is not
intended to accommodate transient residential uses, including motels or
hotels, unless authorized by a special exception.
Sec. 17 -414. "C -1" Restricted Commercial District.
(a) Purpose. The "C -1" restricted commercial district has been
established to limit commercial uses and operations within enclosed
buildings and prohibiting outside storage of new goods and materials, and
new or used vehicles and equipment. This district is intended to
accommodate the basic shopping and service needs of residents and to
provide retail and office space for merchants and financial, administrative,
government and business services. This section is not intended to prohibit
the outside display of merchandise in the normal course of retail business.
This zoning district is not intended to accommodate manufacturing of
goods or other activities that may generate nuisance impacts, including
glare smoke or other air pollutants, noise, vibration or major fire hazards,
or other impacts generally associated with more intensive industrial uses
Sec. 17 -415. "C -2" general commercial district.
(a) Purpose. The "C -2" general commercial district is established to
accommodate commercial activities that cannot generally be
accommodated in the "C -1" district. This district permits the storage of
goods, materials, equipment, machinery and vehicles outside of enclosed
buildings.
(b) Permitted uses. The uses permitted in the "C -2" district include those
listed in the "schedule of uses" found in section 17 -421 hereof. Any use
not expressly authorized and permitted herein is expressly prohibited in
this district, unless otherwise allowed in conformance with section 17 -427
of this article dealing with new and unlisted uses.
(c) Special exception uses. In order to allow for certain uses which,
because of their nature or unusual character, cannot be unconditionally
permitted in this district, yet would or could be an appropriate or
compatible use under certain controlled circumstances and locations, the
board of adjustment may, after public hearing thereon, authorize and grant
the issuance of a special use permit for such special exception uses
allowed in the "schedule of uses" in section 17 -421 of this article. The
issuance of the permit by the board shall be contingent upon reasonable
and appropriate conditions and safeguards, including the length of time,
so as to properly protect any adjacent property, use or neighborhood .r
character, as well as insure the appropriate conduct of the special
exception use of the land and buildings granted. See section 17 -422 of
this article. A special exception shall be granted only when the proposed
use is separated or buffered from surrounding uses with which it may be
incompatible so that the proposed is not noxious or offensive to
surrounding uses. In granting or denying an application for a special
exception for a C -2 use, the Board of Adjustment shall take into
consideration the following factors to establish whether the use may be
compatible with surrounding uses:
(1) Conformance with applicable regulations and standards
established by the subdivision ordinance and the zoning ordinance:
(2) Compatibility with existing or permitted uses on abutting sites
in terms of building height, bulk, scale, setbacks, open spaces,
landscaping and site development, and access and circulation
capacity:
(3) Potentially unfavorable effects or impacts on existing or
permitted uses on adjacent sites, to the extent such impacts
exceed those that reasonably may result from use of the site by a
permitted use, including without limitation:
a. Location, lighting and type of signs, and the relation of
signs to adiacent properties;
b. Noise producing elements;
c. Glare of vehicular and stationary lights and effect of such
lights on the established character of the neighborhood;
d. Safety from fire hazard, and measures for fire control;
and
e. Protection of adjacent property from drainage, floods,
erosion or other water damage.
(4) Safety and convenience of vehicular and pedestrian circulation
on the premises and in the area immediately surrounding the site,
and the effect of traffic reasonably expected to be generated by the
proposed use and other uses reasonably anticipated in the area
considering existing zoning and proposed land uses in the area and
the ability of the city's existing transportation network to handle the
traffic.
(5) Compliance with the city's comprehensive land use plan and
whether the proposed use is compatible with existing and planned
development of surrounding properties and will promote economic
growth.
[continued on next page]
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Lstuidry or dry elaaners
Section 17 -421 Schedule of Uses
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bus terminal
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Cabinet, shop
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Carpa store (retail)
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Contractor yard (outside
S
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storage)
Electronics store (retail)
CUP
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j�U200 GYA,
Furniture atom (seta) � � I L... -. J CUP .
I. _ X
I X .
1 111400 GY. A.
Gunsmith -Rhop I
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S X U100o $ice rues
Hotel or motel
I
S
1 x
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Lstuidry or dry elaaners
CUP X
X
X 111400 G.F.A.
Musical instrument. store I
I I I CUP X
x
1. OO GYA,
Office supply stare
s x moo G.r.A.
S 1 X 11140-t► G?F.A.
CUP
X
X
L200 G.FA,
Paint sales store (retail) I - I - - I I
I I I i CUP X
X
1!200 GRA,
Re.stAurent or cafe (Inside)
Restaurant (d -ire)
Restaurant (kiosk)
CUP rx CUP CUP
'Tire sales, repair, & in- I I f I I S
st:�llAt
'auck repair
X
X
1(3 Seas
X
X
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X
X
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ilurlustrisl Uses:
Contractor yard (outside
sto;age) _
[ Vehicle converebn facility
S X See sulaectann
17 - 416(e)
I ( I ( ! S I X I Seasu bs ection 6(e)
*4NOW,
#2. Establishment of guest house regulations.
Proposed amendments to city code establishing regulations for guest houses
The following language would be added to the city code:
Sec. 17 -431. Definitions.
Guest house means a secondary dwelling unit located on a lot with a main single family residential
structure, subordinate in area, extent, and purpose to the main residential structure, and used as living
quarters for family members of the residents of the main residential structure and not for rent or lease or
use as a separate domicile by persons other than family members of the residents of the main residential
structure.
Main residential structure means the building which represents the main intended use in that zoning
district. Examples are: a home in a residential zoning district, a store or business building in a
commercial district, or, the major plant building in an industrial zoning district. Storage buildings and
separate garage structures are examples of accessory buildings.
Sec. 17 -423.1
In reviewing an application for a special exception for a guest house, the Board of Adjustment shall take
into consideration the factors set forth below.
(a) Guest houses may not be rented or leased and may not be used as a separate independent
residence. A guest house must be operated and maintained under the same ownership as the main
residential structure, shall not be converted to any form of legal ownership distinct from the
ownership of the main residential structure, and shall be clearly subordinate in area, extent, and
purpose to the main residential structure. The applicant for a guest house shall be both an owner
and current resident of the property for which a guest house is proposed. An exception to this
requirement is allowed where a guest house is to be constructed concurrent with the main
residential structure, and the owner will reside in the main residential structure upon completion
of construction.
(b) Only one guest house shall be permitted per lot.
(c) A guest house shall not be served by separate utility connections but must be served by the
same water, electric, and other utility connections that serve the main residential structure.
Where municipal sewer is not provided, the total number of bedrooms shall not exceed the
capacity of the septic system.
(d) A guest house must be architecturally consistent with the main residential structure, including
form, exterior siding, trim and color, roof materials, and window placement and type.
(e) A guest house may not exceed the height of the main residential structure and may not exceed
30% of the floor area of the primary building or 800 square feet, which ever is smaller.
(f) Guest houses must conform to setback requirements, height restrictions, and other city
regulations governing building, parking, or development. The total area covered by all structures
shall not exceed the maximum lot coverage for the applicable zoning district.
(g) A guest house may include a sink, microwave, mini-cook and mini - refrigerator, but full -
sized kitchen or cooking appliances are prohibited.
(h) A site plan must be submitted to the director of development for review and approval prior to
construction of a guest house. In addition to the above requirements, an application for a guest
house must demonstrate that there exist adequate public facilities, including sewer, water, or
roadway capacities, to serve the guest house.
(i) Existing guest houses are exempt from sections (d), (e), (f), and (i) of this section, except that
any substantial changes to an existing guest house must comply with sections (d), (e), and (f).
0) Impact fees may be assessed at the discretion of the Director of Development or the Director
of Public Works.
J
#3. Revisions to the outside storage regulations.
Proposed changes to ordinance concerning outside storage regulations
Definitions:
Outdoor /outside storage means the keeping or storing as an accessory/incidental use
of any merchandise (items intended for sale), equipment, machinery, commodities, raw
or semi - finished materials, wrecked or dismantled vehicles, and /or building materials
which are not within a fully enclosed building. Other types of waste /surplus materials,
such as construction /demolition byproducts (e.g., carpet remnants, scrap
lumber /metal /masonry materials, leftover /surplus display shelving components or other
furnishings, demolition materials, etc.), shipping materials (e.g., boxes, foam packaging,
pallets, etc.), automotive components (e.g., old tires, salvaged parts, etc.), and other
similar byproducts are not generally considered to be included under this definition and
must be properly disposed of (i.e., removed from the site; not stored) in a timely
manner.
Sec. To Be Determined
(TBD) Outside storage regulations.
(1) All outside storage, when permitted, shall:
a. Not be located within twenty -five (25) feet of the nearest right -of -way line to a
public street, and
1 4"W b. Be screened in accordance with Sec. 17 -425 of this code (Screening
regulations), except where regulated by overlay districts; and
c. Not be located within anv reauired setbacks or within anv reauired
landscaped areas.
d. Not block or restrict sidewalks or other pedestrian or required handicapped -
accessible paths and access ways or safety;
e. Not block or restrict required parking spaces, vehicular flow within parking
lots
f. Not block or restrict fire lanes or fire lane visibility; and
g. Not block or restrict access to building entrances and exits; and
h. Not imaede vehicular traffic flow on adiacent streets or restrict or block the
line of sight for incoming and outgoing vehicles; and
i. Not block or restrict required lighting.
Page 1 of 6
(2) Any building or use in existence before the effective date of this article shall be
1../`
required to comply with the outside storage regulations when the land use or
ownership changes.
(3) The director of development may allow exceptions to part (1)(c) of this section
for small lots that otherwise meet the requirements of this section and when granting
an exception will not negatively affect the city's ability to protect the health, safety,
and welfare of the city.
TBD) Outside display regulations.
(1) All outside display, when permitted, shall:
a. Not be located within ten (10) feet of the nearest riaht- of -wav line to a public
street; and
b. Not be located within any required setbacks or within any required
landscaped areas; and
c. Not block or restrict sidewalks or other pedestrian or required handicapped -
accessible paths and access ways or safety;
d. Not block or restrict required parking spaces, vehicular flow within parking
lots
e. Not block or restrict fire lanes or fire lane visibility; and
f. Not block or restrict access to building entrances and exits; and
g. Not impede vehicular traffic flow or restrict or block the line of sight for
incoming and outgoing vehicles; and
h. Not block or restrict any required lighting; and
i. Not be used as outside storage.
(2) The director of development may allow exceptions to part (1)(a) or (1)(b) of this
section for small lots that otherwise meet the requirements of this section and when
arantina an exception will not neaativelv affect the citv's abilitv to protect the health.
safety, and welfare of the cit)L
Sec. 17 -425. Screening requirements.
(c) Garbage, refuse and trash collection /storage areas to be screened. Garbage, 4
Page 2 of 6
refuse, and trash collection /storage areas in any multifamily residential district,
condominium or townhouse project, or non - residential district or use, shall be
screened on at least three (3) sides to adequately screen such area from view of the
surrounding area. (See section 17- 405(c)(8).) Such screening shall be
accomplished by either enclosing the dumpster with screening device of height in
accordance with subsection (iv) hereof, or vegetation great enough in height and
volume to screen collection /storage areas from view of the surrounding area.
(i) Except where otherwise permitted in the city code, screening walls shall
be constructed of masonry or pre -case stamped concrete, and screening
materials shall be consistent with the exterior finish of the main building in
material and color. No screening wall or fence shall be constructed of materials
not manufactured or designed for the primary purpose of wall or fence
construction. Gates shall be steel and painted in color corresponding to the
Primary structure.
(ii) If vegetation is used for screening, native and adapted, drought tolerant
Nglow plants are preferred.
(iii) Maintenance of screening. Every screening wall and screening fence
shall be adequately maintained by the property owner. All plant materials used
for screening shall be maintained in a healthy and growing condition as is
appropriate for the season of the year. Maintenance shall include watering,
trimming, pruning, etc. Plant materials that die shall be replaced with plant
material of similar variety and size.
(iv) Height of screening materials. Screening walls, fences, and vegetation
shall be a minimum of one (1) foot in height above the materials being stored,
and screening walls and fences shall not be greater than eight (8) feet in height.
Materials being stored shall not be stored higher than the screening provided.
(v) Approval of screening design. Screening designs must be approved by the
director of development before construction or installation of screening may
begin.
Page 3 of 6
(e) Outside storage to be screened.
(1) Outside storage, when permitted, shall be screened on all sides to
adequately screen such from view of the surrounding area. Such screening
shall be accomplished by either enclosing the materials to be stored with
screening device with height in accordance with subsection (5) hereof, or
vegetation great enough in height and volume to screen stored materials
from view of the surrounding area. The director of development shall
determine whether vegetative screening meets the requirements of this
section.
(2) Special screening regulations for salvage yards are described in Sec. 17-
420 m .
(3) Screening materials. Screening materials shall comply with the following
provisions:
(a) Except where otherwise permitted in the city code, screening walls
shall be constructed of masonry or pre -case stamped concrete, and
screening materials shall be consistent with the exterior finish of the main
building in material and color. No screening wall or fence shall be
constructed of materials not manufactured or designed for the primary
purpose of wall or fence construction. Gates shall be steel and painted in
color corresponding to the primary structure.
(b) If vegetation is used for screening, native and adapted, drought
tolerant plants are preferred.
(4) Maintenance of screening. Every screening wall and screening fence shall
be adeauatelv maintained by the orooertv owner. All plant materials used
for screening shall be maintained in a healthy and growing condition as is
appropriate for the season of the year. Maintenance shall include watering,
trimming, pruning, etc. Plant materials that die shall be replaced with plant
material of similar variety and size.
(5) Height of screening wall. Screening walls, fences, and vegetation shall be a
minimum of one (1) foot in height above the materials being stored, and
screening walls and fences shall not be greater than eight (8) feet in height.
Page 4 of 6
Materials being stored shall not be stored higher than the screening
provided.
(6) Approval of screening design. Screening designs must be approved by the
director of development before construction or installation of screening may
begin.
Loading Docks
Sec. 17 -424. Off - street parking and loading requirements generally.
(e) Off- street loading requirements. All commercial and industrial uses shall be
provided with off - street facilities for receiving and loading merchandise, supplies and
materials within a building or on the lot or tract. Such off - street loading space may be
adjacent to a public street or alley, private service drive, or may consist of a truck
berth within the structure. No loading docks shall be constructed facing on any public
street or highway unless said loading dock is at least seventy -five (75) feet inside the
right -of -way line of the street or highway on which said loading dock fronts. Such off -
street loading space or truck berth shall consist of a minimum area of ten (10) feet by
forty -five (45) feet and such spaces or berths shall be provided in accordance with
the following schedule:
'%MW [see ordinance for existing table; not proposed to be changed at this time]
(q) All loading docks which are so permitted to face a public street:
i. Shall be totally screened from view from the public street by an eight -foot
high screening wall constructed of a permanent building material as set forth
in subsection (i) hereof, with no openings except for driveway access; and
ii. Shall not be located within twenty -five (25) feet of the nearest right -of-
way line of the public street.
The following diagram provides an illustration of these regulations as applied
to the loading dock permitted on a side wall:
Page 5 of 6
Eight foot high
opaque screen
f`-
f`-
i`-
F 48' --•
50' Loading Dock Setback
25' Building Setback
4
ACCESS ROAD TO 1 -20/BUSINESS 287
[This illustration is an example only; text would be changed to fit non - overlay district
areas. ]
(h) No loading dock shall be permitted or approved unless it is shown that it is set
back a sufficient distance from any public street and right -of -way so that all loading
operations, parking, storage, and vehicular maneuvering into or out of loading dock
spaces shall take place outside of any public street or right -of -way. The director of
development shall determine whether distance is sufficient.
(i) Loadinq dock screening materials. Except where otherwise permitted in the
city code, screening walls shall be constructed of masonry or pre -case stamped
concrete, and screening materials shall be consistent with the exterior finish of
the main building in material and color. No screening wall or fence shall be
constructed of materials not manufactured or designed for the primary purpose of
wall or fence construction. Gates shall be steel and painted in color
corresponding to the primary structure.
(j) Approval of screening design. Screening designs must be approved by the
director of development before construction or installation of screening may
begin.
-.me
rM
Page 6 of 6
#4. Revisions to the oil & gas ordinance.
DRAFT
Note: Suggested additions are underlined Suggested deletions are 6#61Gk thFe6i .
CoK Oil and Gas Ordinance, Revised
Sec. 17 -426. Oil and gas.
(a) Purpose and intent. The exploration, development and production of oil or gas in the city is
an activity which necessitates reasonable regulation to ensure that all property owners, mineral
and otherwise, have the right to peaceably enjoy their property and its benefits and revenues. It
is hereby declared to be the purpose of this section to establish reasonable and uniform
limitations, safeguards and regulations for present and future operations related to the
exploring, drilling, developing, producing, transporting and storing of oil or gas and other
substances produced in association with oil or gas within the city to protect the health, safety
and general welfare of the public, minimize the potential impact to property and mineral rights
owners, protect the quality of the environment and encourage the orderly production of available
mineral resources.
(b) Definitions. All technical industry words or phrases related to the drilling and production of
oil and gas wells not specifically defined shall have the meanings customarily attributable
thereto by prudent operators in the oil and gas industry. For the purposes of this section, the
following definitions shall apply unless the context clearly indicates or requires a different
meaning.
Abandonment : " Abandonment" as defined by the Railroad Commission and includes the
plugging of the well and restoration of the drill site as required by this section.
Applicant : A person to whom a permit or certificate for the drilling, operation and production of
a well, or the installation or operation of a pipeline, is issued under this section, including, but
not limited to, his or her heirs, legal representatives, successors or assigns.
City : The City of Kennedale, Texas.
City staff : Employees and independent contractors performing services for the City of
Kennedale, including but not limited to the fire marshall marshal
Compressor: A device designed to increase the pressure of a compressible fluid in order to lift
gas from the well.
Compressor station : A device or facility designed to increase the pressure of a compressible
fluid in order for the gas to be transported through a pipeline over long distances.
Rev. 10/05/2009 RR 1
DRAFT
Drill site : The area used for drilling, development, production or reworking a well r..�
or wells located there and subsequent life of a well or wells or the area used for any and all
operational activities associated with drilling, development, production or reworking of an oil or
gas well.
Drilling : Any digging or boring of a new well to develop or produce oil or gas or to inject gas,
water, or any other fluid or substance into the earth. Drilling means and includes the re -entry of
an abandoned well. Drilling does not mean or include the re -entry of a well that has not been
abandoned.
Environmentally sensitive area : Steep slope areas, areas with highly erodible soils, floodplains
and flood -prone areas, wetlands, fish and wildlife habitat conservation areas, or other areas the
City considers to be of special environmental concern.
Exploration : Geologic or geophysical activities, including, but not limited to surveying and
seismic exploration, related to the search for oil, gas, or other subsurface hydrocarbons.
Fire code : The fire code adopted by the City of Kennedale, as amended.
Fire marshal: the Fire Marshal of the City of Kennedale.
Gas : Gas or natural gas, as such terms are used in the rules, regulations, or forms of the
railroad commission.
Gas well : Any well drilled for the production of gas or classified as a gas well under the Texas
Natural Resources Code or the railroad commission.
Gathering station: The site where the gathering and production lines for wells converge, and
that may contain equipment used for the production of gas, including, but not limited to,
separator tanks, metering stations, pipelines, and compressors.
Hazardous materials management plan : The hazardous materials management plan and
hazardous materials inventory statements required by the fire code.
Knox box rapid entry system: A safe system located at primary points of entry containing entry
keys for use by fire and other emergency personnel.
New well : A new well bore or new hole established at the ground surface (not including the
reworking of an existing well that has not been abandoned unless the rework intends to drill to a
deeper total depth), which shall require a new well permit.
Oil : Oil, as such terms are used in the rules, regulations, or forms of the railroad commission.
Oil well : Any well drilled for the production of oil or classified as an oil well under the Texas
Natural Resources Code or the railroad commission.
Oil and gas well permit: A permit applied for and issued or denied pursuant to this section
authorizing the drilling, production, and operation of one (1) oil or gas well. 14010
Rev. 10/05/2009 RR 2
DRAFT
Operation site : The area used for development and production and all related operational
activities of oil and gas after drilling activities are complete.
Operator : For each well, the person listed on the railroad commission form W -1 or form P -4 for
an oil or gas well.
Person : Includes both the singular and plural and means an individual person, corporation,
association, partnership, receiver, trustee, guardian, executor, administrator, and a fiduciary or
representative of any kind.
Petroleum specialist : A qualified oil and gas consultant familiar with and educated in the oil and
gas industry who has been retained by the city.
Pipeline easement map : A map indicating all gathering line easements. The easements must
be located separately from the utility easements.
Railroad commission : The Railroad Commission of Texas.
Structure : Any building intended for shelter, occupancy, housing or enclosure for persons,
animals, cattle or storage.
Well : A hole or bore to any horizon, formation, or strata for the purpose of producing oil, gas, or
other liquid hydrocarbons.
(c) Oil and gas well drilling and production by special exception.
The drilling and production of oil and gas within the corporate limits of the city shall be permitted
by special exception, which shall be subject to the following:
(1) The application for the special exception shall be in accordance with the provisions of
sections 17 -422 and 17 -430 hereof.
(2) No drilling production, compressors, compressor station or gathering station shall be
permitted within six hundred (600) feet of any habitable res structure or public
building, institution, park, school, or commercial building, for which a building permit has
been issued on the date of the of the application for a drilling permit is filed with the city, or
cultural, historic or archeological resources, floodplains, floodways, or environmentally
sensitive areas, or groundwater recharge areas provided, however, that drilling shall be
permitted as close as three hundred (300) feet if all affected property owners agree in
writing. No drilling, production, compressor, compressor station, or gathering station shall
be permitted within three hundred (300) feet of a neighboring property line unless all
affected property owners agree in writing.
(3) A development site plan in accordance with the provisions set forth herein.
(4) An approved road repair agreement in accordance with the provisions set forth herein.
Rev. 10/05/2009 RR 3
DRAFT
(5) An oil and gas permit application may be filed with the city concurrently with the request
for a special exception; provided, however, that the city shall not be required to consider the
oil and gas permit application unless and until a special exception is granted by the zoning
board of adjustment.
(6 A special exception for oil or gas drilling or production shall be reviewed by the Board of
Adiustment two years from the date it was granted. At that time, the Board may consider
whether the drilling or production of oil or gas has been conducted in compliance with all
relevant city, state, and federal regulations and guidelines. Special exceptions may be
revoked for drilling or production operations found to be not in compliance.
(c -1) Gathering stations by special exception.
(1) Within the city, the establishment and operation of a gathering station, whether in
conjunction with a gas well or as an independent operation, shall only be permitted by
special exception in accordance with sections 17 -422 and 17 -430 hereof. A special
exception for a gathering station shall not be granted unless the Board of Adjustment is
satisfied that the gathering station will not jeopardize the health, safety, or welfare of the
city's residents and will not cause an undue burden on the City or its residents.
(2) A site plan is required with the special exception application and must at a minimum,
identify the location of the gathering station and all associated facilities, including all existing
and planned pipelines, all driveway and vehicle parking areas and shall include the
minimum detail required in subsection 17- 418(e)(3) hereof, where applicable. The special
exception application shall also include copies of federal and state permits demonstrating
compliance with all applicable pipeline integrity and safety standards, including adherence to
applicable Environmental Protection Agency, U.S. Department of Transportation, and Texas
Railroad Commission regulations governing risk management.
(3) Gathering stations shall be subject to the following on -site operation requirements:
a. No gathering station shall be permitted within six hundred (600) feet of any habitable
r °c,a; structure or public building, institution, park, school, or commercial building for
which a building permit has been issued on the date of the of the application for a drilling
permit is filed with the inspector, or cultural, historic or archeological resources,
floodplains, floodways, or environmentally sensitive areas, or groundwater recharge areas
provided, however, that this minimum setback may be reduced to three hundred (300) feet
if all affected property owners agree in writing. No gathering station shall be permitted
r.o`
Rev. 10/05/2009 RR 4
DR4 FT
within three hundred (300) feet of a neighborinq property line unless all affected property
ti.
owners agree in writing.
b. No gathering station shall be located within two hundred (200) feet of a railroad right -
of -way.
c. Construction of the gathering station shall comply with the erosion control regulations
set forth in the city's stormwater pollution prevention plan.
d. A gathering station may only be allowed in a floodplain with the approval of the city's
floodplain administrator and, where applicable, the U.S. Army Corps of Engineers.
e. There shall be a locked entrance gate to the gathering station site. The entrance gate
shall be fire accessible with a knox box rapid entry system.
f. Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" in a
minimum of four -inch lettering shall be posted at the entrance of each gathering station
site. The sign shall include the phone number for emergency services (9 -1 -1), the name
and phone number for the owner /operator in two three -inch lettering. In addition, if the
special exception is approved, a case number shall be assigned to the approved operation
and such number must be displayed on the sign in a minimum of two three -inch lettering.
g. All facilities used for parking, loading, unloading, driveways and all other vehicular
access shall be constructed of concrete, asphalt or an alternative equivalent strength solid,
dust -free surface that meets all minimum fire code requirements provided that the drive
approach from the street be constructed of concrete The surface for such facilities and drive
approach must always be maintained in good condition and repair. Facilities and drive
approaches must be constructed and maintained in compliance with the City of Kennedale
Public Works Design Manual.
h. The equipment and facilities at a gathering station site must be enclosed, individually
or collectively, in accordance with the requirements of subsection 17- 426(0)(3), hereof.
i. Compliance with the requirements set forth in subsection 17- 426(0)(6) - -(9), as they
relate to the gathering station site.
(4) Gathering stations shall be subject to the operation and equipment practices and
standards set forth in subections 17- 426(p)(1) - -(4) and (7) and subsection 17- 426(s)(7) in
the same manner as they apply to an operation site.
(5) Gathering station not part of an operation site. The city shall inspect each gathering
station site established independently of an operation site for compliance with all applicable
regulations of the state and city ordinances. An annual inspection fee as established in the
city's fee ordinance shall be paid by the owner of the gathering station to the city.
Rev. 10/05/2009 RR 5
DRAFT
(6) Within sixty (60) days after the discontinuation of operations of a gathering station, the
, "NO
equipment at the site shall be removed and the site shall be cleaned and the land graded
and returned to its original condition including replanting of vegetation to match the
surrounding area. All cleanup and removal of equipment shall be performed in accordance
with applicable Environmental Protection Agency, Texas Commission on Environmental
Quality and Texas Railroad Commission regulations.
(7) Gathering station operations shall be performed in compliance with all applicable
federal, state, and local law.
A special exception for a gathering station shall be reviewed by the Board of Adjustment
two years from the date it was granted. At that time, the Board may consider whether the
gathering station has been in compliance with all relevant city, state, and federal regulations
and guidelines. Special exceptions may be revoked for gathering stations found to be not in
compliance.
(d) Oil and gas well permit required.
(1) Any person, acting for himself or acting as an agent, employee, independent contractor,
or servant for any person, shall not engage in the drilling and production of oil or gas wells IM01
within the corporate limits of the city without first obtaining an oil and gas well permit issued
pursuant to this section. Each proposed well hole shall require a separate permit and shall
not be permitted on a "blanket" basis.
(2) When an oil and gas well permit has been issued covering a well, the permit shall
constitute authority for drilling, operation, production, gathering of production, maintenance,
repair, reworking, testing, site preparation consisting of rigs or tank batteries, plugging and
abandonment, and any other activity authorized by this section associated with drilling or
production by the operator and their respective employees, agents, and contractors. An oil
and gas well permit shall also constitute authority for the construction and use of all facilities
reasonably necessary or convenient in connection therewith, including gathering lines and
discharge lines, by the operator and its respective employees, agents, contractors and
subcontractors.
(3) An oil and gas well permit shall not, however, constitute authority for the re- entering
and drilling of an abandoned well. Re -entry and drilling of an abandoned well shall require a
new oil and gas well permit.
logo
Rev. 10/05/2009 RR 6
FNAIKIZA
(4) Oil and gas well permits shall automatically expire three hundred sixty five (365) days
from the date of the issuance of the oil or gas well permit.
(d -1) Oil and gas permit application.
(1) Applications for oil and gas well permits shall include the following:
(a) A copy of the plan(s) identifying and indicating the proposed methods of
erosion control. Erosion control is required and shall comply with all local, state
and federal requirements and must be approved by the director of development for
the City of Kennedale.
(b) A copy of the stormwater pollution prevention plan as required by the
Environmental Protection Agency. A copy of the notice of intent shall be submitted
to the City of Kennedale Public Works Department and the Permits and Planning
Department, three (3) days prior to the commencement of any onsite activity.
(c) A detailed description of the water source to be used during drilling and nd a
copy of the determination by the Texas Commission on Environmental Quality
(TCEQ) of the depth of useable quality ground water.
(d) Road repair agreement as described in Sec. 17- 426(e)
(e) The exact and correct acreage and number of wells.
(f) A description of public utilities required during drilling and operation.
(g) An accurate legal description of the lease property to be used for the oil
or gas operation, the parcel and the production unit and name of the geologic
formation as used by the railroad commission. Property recorded by plat should
reference subdivision, block and lot numbers.
(h) A copy of the approved railroad commission permit to drill, together with
attachments and survey plats, which are applicable to the drill and operation- sites.
(i) A hazardous materials inventory statement includina MSDS sheets on all
roducts beina used broken down into drillina and post drillina documents.
(I) A surface reclamation plan .
(k) Truck routes and access points, including the proposed transportation
route and road for equipment, chemicals or waste products used or produced by
the oil or gas operation indicating commercial and non - commercial routes.
(1) Surface owner names(s) and address(es) of the lease property.
(m) A sound analysis and sound management plan
NOW (n) A detailed site plan as described in Sec. 17- 426(f)
Rev. 10/05/2009 RR
DRAFT
(o) A wastewater management plan describing how wastewater will be
disposed. Wastewater management reports must be submitted one month after
the commencement of drilling or any activity that results in wastewater, and semi-
annually thereafter until such time as activities at the site no longer result in
wastewater.
(2) Applications for oil and gas well permits shall be submitted in writing, on forms
Provided by the city.
(3) Applications for oil and gas well permits shall include a pipeline easement map
indicating the location of the nearest gathering station and the alignment of the
Pipeline(s) connecting the operation site to the gathering station.
(4) Applications for oil and gas well permits shall be signed by the operator.
(5) Applications for oil and gas well permits shall include three (3) complete copies
of the operator's emergency action response plan.
(6) Oil and gas well permits shall automatically expire if drilling of the well bore has
not commenced within three hundred sixty five (365) days from the date of the
issuance of the oil or gas well permit.
The burden of proof on all matters considered under permit applications and special
exception applications shall be upon the applicant/Operator.
(e) Road repair agreement. A road repair agreement shall be filed with the public works
department of the city. A road repair agreement must obligate the operator to repair damage to
public streets, including, but not limited to, bridges, caused by the operator (or by the operator's
employees, agents, contractors or representatives) in the performance of any activity authorized
by or contemplated by the approved oil and gas well permit. A video documenting the existing
conditions must be submitted prior to approval of the road repair agreement. The city manager
shall have the authority to execute the road repair agreement.
(f) Compliance with the development site plan. Any person who proposes extraction of oil or
gas on a tract of land located within the corporate limits of the City of Kennedale shall prepare
six (6) copies of an oil or gas well development site plan that shall be filed with the application
for drilling or production The site plan drawing shall be provided in D size and eight and one -
half -inch X eleven -inch paper and shall be submitted as part of the applicant's request for a
special exception. The following detail shall be included on all oil and gas development site
plans:
Rev. 10/05/2009 RR 8
UR.10
(1) The development site plan shall provide for adequate sanitation facilities, access roads,
drainage, erosion control and other necessary supporting facilities identified on the
development site plan.
(2) The design, location, and arrangement of all driveways and parking spaces shall
provide for the safe and convenient movement of vehicular and pedestrian traffic without
adversely affecting the general public or adjacent developments.
(3) EFesion GGRtFe us required and shall GeMp with all I eGa l , state and federal
the EP
(4) Resepre nits shall he lined to prevent water P0 4
(5) With the evnept*en of yehini filar arness nn
(6) PF;GF tE) GORSideratien ef an eil er gas well development site plan and speGial eXGept
a approved roar) repair agreement must he OR file with the G*
(3 7) Identify truck routes and access points.
(A__8) Identify environmentally sensitive areas (ESA's) including floodplains and any
proposed floodplain, creek and stream crossings.
a. All floodplain, creek and stream crossings, if not at grade, shall be designed to a ten-
year storm frequency.
b. All floodplain crossings shall have no negative affects on surrounding property.
c. A drainage study sufficient to substantiate the above requirements will be required as
part of the submittal if crossings are proposed.
d. Identify and indicate the proposed method of erosion control.
(5_9) Identify all wells, structures, equipment, pipelines, utilities, gates and fences,
containment areas, fire lanes, and one thousand (1,000) feet, six hundred (600) feet, and
three hundred (300) feet perimeter lanes within one thousand (1,000) of the well.
(6 40) Indicate a physical address for each well site.
(g) Ceptents of appliGation for G# and gas weP peFmit. AppliGatiGRS fGF Gil and gas well
ne shall he in a r•GeFdanoe with the follow,-g-
(1) Shall he submitted in WFit en farms provided her the Goy
(2) Shall inGlude a pipeline easement map indiGatiRg the IeGatien ef the nearest gathering
s tat m en and - the — alignment of the pipetiR GGnneG the operat _ site to the ga
stat
(3) Shall be signer) her the operator
Rev. 10/05/2009 RR 9
F031419A
(g #) Review of applications for oil and gas well permit.
(1) All applications for oil and gas well permits shall be filed with the director of
development who shall immediately forward all applications to the petroleum
specialist and fire marshal for review. Incomplete applications shall be returned to the
applicant, in which case the city shall provide a written explanation of the deficiencies if
requested by the applicant. All applications for an oil and gas permit shall be accompanied
by a processing fee in the amount of five thousand dollars ($5,000.00), which shall be
assessed to recoup the administrative expenses incurred by the city in administrating such
permit. The oil or gas well permit fee for additional wells on the same pad shall be as
follows: four thousand dollars ($4,000.00) for the second well, three thousand dollars
($3,000.00) for the third well, and two thousand dollars ($2,000.00) for each well thereafter.
The city may return any application as incomplete if there is a dispute pending before the
railroad commission regarding the determination of the operator.
(2) The petroleum specialist and fire marshal shall review each application within thirty (30) •.01
days after filing and shall determine whether the application includes all of the information
required by this section, whether the application is in conformance with the applicable oil
and gas well development site plan, the terms of the applicable special exception, the road
repair agreement, the fire code and whether the application is in conformance with the
insurance and security requirements set forth in this section.
(3) The failure of the petroleum specialist or fire marshal to review an oil and gas well
permit application within the time limits specified above shall not require the city to approve
an application that does not meet the minimum requirements set forth in this section.
(h i) Contents of oil and gas well permit issued by the city.
(1) Each oil and gas permit shall contain the following information:
a. Identify the name of each well and its operator;
b. Specify the date on which the city issued each permit;
c. Specify that the permit shall expire within three hundred sixty -five (365) days of
issuance; moo
Rev. 10/05/2009 RR 10
DRAFT
d. Incorporate, by reference, the insurance and security requirements set forth in this
section;
e. Incorporate, by reference, the requirement for periodic reports and for providing notice
of reworking an existing well, as set forth in this section;
f. Incorporate the full text of the release of liability provisions set forth in this section;
g. Incorporate, by reference, the conditions of the applicable development site plan and
applicable special exception;
h. Incorporate, by reference, the information contained in the permit application;
i. Incorporate, by reference, the applicable rules and regulations of the railroad
commission, including the applicable "field rules ";
j. Specify that no drilling operations (including the construction of internal private access
roads) shall commence until the operator has provided the security required by this
section;
k. Contain the name, address, and phone number of the person designated to receive
notices from the city, which person must be a resident of Texas, that can be served in
person or by registered or certified mail; and
I. Indicate required compliance with all additional permits and payment of all additional
fees required by the city related to the proposed operations.
(2) If the city denies an application for an oil and gas well permit, nothing herein contained
shall prevent a new permit application from being submitted to the city for the same well.
(ii m) Amended oil and gas well permits.
(1) An operator must submit an application to the director of public works to amend an
existing oil and gas well permit, to commence drilling from a new drill site that is not shown
on (or incorporated by reference as part of) the existing permit, to relocate a drill site or
operation site that is shown on (or incorporated by reference as part of) the existing permit,
or to otherwise amend the existing permit.
(2) Applications for amended oil and gas well permits shall be in writing, shall be on forms
provided by the petroleum specialist, shall be signed by the operator, and shall include the
following:
a. The original application fee as set forth herein;
b. A description of the proposed amendments;
Rev. 10/05/2009 RR
11
F0119FRA
c. Any changes to the information submitted with the application for the existing oil and gas
well permit (if such information has not previously been provided to the city);
d. Such additional information as is reasonably required by the petroleum specialist or city
staff to demonstrate compliance with the applicable development site plan and applicable
special exception;
e. Such additional information as is reasonably required by the petroleum specialist or city
staff to prevent imminent destruction of property or injury to persons;
f. All applications for amended oil and gas well permits shall be filed with the director of
public works. The application shall be immediately forwarded to the petroleum specialist and
fire marshal for review. Incomplete applications may be returned to the applicant, in which
case the city shall provide a written explanation of the deficiencies. The city may return any
application as incomplete if there is a dispute pending before the railroad commission
regarding the determination of the operator;
g. If the activities proposed by the amendment are not materially different from the activities
covered by the existing oil and gas well permit, and if the proposed activities are in
conformance with the applicable development site plan and applicable special exception,
then the petroleum specialist shall review the amendment within ten (10) days after the
application is filed;
h. If the activities proposed by the amendment are materially different from the activities
covered by the existing oil and gas well permit, and if the proposed activities are in
conformance with the applicable development site plan and applicable special exception,
then the petroleum specialist shall review the amendment within thirty (30) days after the
application is filed. If, however, the activities proposed by the amendment are materially
different and, in the judgment of the petroleum specialist, might create a risk of imminent
destruction of property or injury to persons that was not associated with the activities
covered by the existing permit or that was not otherwise taken into consideration by the
existing permit, the amendment must be processed as a new oil and gas well permit
application;
i. The failure of the petroleum specialist or fire marshal to review an amended oil and gas
well permit application within the time limits specified above, shall not require the city to
approve an application that does not meet the minimum requirements set forth in this
section; and
14 '
Rev. 10/05/2009 RR 12
DRAFT
j. A decision to deny an amendment to an oil and gas well permit shall be provided to the
operator in writing within ten (10) days after the decision is made, including an explanation
of the basis for the decision. The operator may appeal any such denial to the city council.
Q +4) Transfer of oil and gas well permits. An oil and gas well permit may be transferred by the
operator if the transfer is in writing signed by both parties, and the transferee agrees to be
bound by the terms and conditions of the transferred permit, if all information previously
provided to the city as part of the application for the transferred permit is updated to reflect any
changes and if the transferee provides the insurance and security required by this section. The
insurance and security provided by the transferor shall be released if a copy of the written
transfer is provided to the city. The transfer shall not relieve the transferor from any liability to
the city arising out of any activities conducted prior to the transfer.
(k j) Insurance and indemnification. The operator shall provide or cause to be provided the
insurance described below for each well for which an oil and gas well permit is issued, such
insurance to continue until the well is abandoned and the site restored. The operator may
provide the required coverage on a "blanket basis for multiple wells ". The operator shall provide
an affidavit from the operator's insurance company certifying that the insurance provided
complies with the requirements of this section.
(1) General requirements; indemnification and express negligence provisions.
a. Each oil and gas well permit issued by the city shall include the following language:
Operator does hereby expressly release and discharge all claims, demands, actions,
judgments, and executions which it ever had, or now has or may have, or assigns may
have, or claim to have, against the City of Kennedale and /or its departments, its agents,
officers, servants, successors, assigns, sponsors, volunteers, or employees, created by, or
arising out of personal injuries, known or unknown, and injuries to property, real or
personal, or in any way incidental to or in connection with the performance of the work
performed by the operator under an oil and gas well permit and the operator caused by or
arising out of, that sequence of events which occur from the operator under the oil and gas
well permit and work performed by the operator shall fully defend, protect, indemnify, and
hold harmless the City of Kennedale, Texas, and /or its departments, agents, officers,
servants, employees, successors, assigns, sponsors, or volunteers from and against each
and every claim, demand, or cause of action and any and all liability, damages,
N "' obligations, judgments, losses, fines, penalties, costs, fees, and expenses incurred in
Rev. 10/05/2009 RR 13
10191NA
defense of the City of Kennedale, Texas, and /or its departments, agents, officers,
servants, or employees, including, without limitation, personal injuries and death in
connection therewith which may be made or asserted by operator, its agents, assigns, or
any third parties on account of, arising out of, or in any way incidental to or in connection
with the performance of the work performed by the operator under an oil and gas well
permit, and the operator agrees to indemnify and hold harmless the City of Kennedale,
Texas, and /or its departments, and /or its officers, agents, servants, employees,
successors, assigns, sponsors, or volunteers from any liabilities or damages suffered as a
result of claims, demands, costs, or judgments against the city and /or, its departments, its
officers, agents, servants, or employees, created by, or arising out of the acts or omissions
of the City of Kennedale, occurring on the drill site or operation site in the course and
scope of inspecting and permitting the oil or gas wells INCLUDING, BUT NOT LIMITED
TO, CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE SOLE
NEGLIGENCE OF THE CITY OF KENNEDALE OCCURRING ON THE DRILL SITE OR
OPERATION SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING
THE OIL AND GAS WELLS. IT IS UNDERSTOOD AND AGREED THAT THE
INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY
THE OPERATOR TO INDEMNIFY AND PROTECT THE CITY OF KENNEDALE, TEXAS Iwo,
AND /OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES
FROM THE CONSEQUENCES OF THE NEGLIGENCE OF THE CITY OF KENNEDALE,
TEXAS AND /OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR
EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE OR CONTRIBUTING
CAUSE OF THE RESULTANT INJURY, DEATH, AND /OR DAMAGE. LIABILITY FOR
THE SOLE NEGLIGENCE OF THE CITY IN THE COURSE AND SCOPE OF ITS DUTY
TO INSPECT AND PERMIT THE OIL OR GAS WELL IS LIMITED TO THE MAXIMUM
AMOUNT OF RECOVERY UNDER THE TORT CLAIMS ACT.
b. All policies shall be endorsed to read "This policy will not be cancelled or non - renewed
without thirty (30) days advanced written notice to the owner and the city except when this
policy is being cancelled for nonpayment of premium, in which case ten (10) days advance
written notice is required ".
c. Liability policies shall be written by carriers licensed to do business in Texas and with
companies with a: VIII or better rating in accordance with the current Best Key Rating
Guide, or with non - admitted carriers that have a financial rating comparable to carriers
licensed to do business in Texas, and approved by the city.
1"/'
Rev. 10/05/2009 RR 14
DR4 FT
d. Liability policies shall name as "additional insured" the city and its officials, agents,
employees, and volunteers. Waivers of subrogation shall be provided in favor of the city.
e. Certificates of insurance must be presented to the city evidencing all coverages and
endorsements required by this section, and the acceptance of a certificate without the
required limits and /or coverages shall not be deemed a waiver of these requirements.
f. Claims made policies will not be accepted except for excess policies.
(2) Required insurance coverage.
a. Commercial general liability insurance.
1. Coverage should be a minimum combined single limit of one million dollars
($1,000,000.00) per occurrence for bodily injury and property damage. This coverage
must include premises, operations, blowout or explosion, products, completed
operations, blanket contractual liability, underground property damage, broad form
property damage, independent contractors protective liability and personal injury.
2. Environmental impairment (or seepage and pollution) shall be either included in the
coverage or written as separate coverage. Such coverage shall not exclude damage to
the lease site. If environmental impairment (or seepage and pollution) coverage is
written on a "claims made" basis, the policy must provide that any retroactive date
applicable precedes the effective date of the issuance of the permit. Coverage shall
apply to sudden and non - sudden pollution conditions resulting from the escape or
release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste
material or other irritants, contaminants or pollutants. Coverage shall be a minimum
combined single limit of one million dollars ($1,000,000.00), per occurrence.
b. Automobile liability insurance. Minimum combined single limit of five hundred
thousand dollars ($500,000.00) per occurrence for bodily injury and property damage.
Such coverage shall include owned, non - owned, and hired vehicles.
c. Worker's compensation insurance. In addition to the minimum statutory requirements,
coverage shall include employer's liability limits of at least one hundred thousand dollars
($100,000.00) for each accident, one hundred thousand dollars ($100,000.00) for each
employee, and a five hundred thousand dollars ($500,000.00) policy limit for occupational
disease, and the insurer agrees to waive rights of subrogation against the city, its officials,
agents, employees, and volunteers for any work performed for the city by the operator.
As an alternative to worker's compensation the operator may provide the equivalent to
employer's liability insurance meeting the requirements of this section.
%
Rev. 10/05/2009 RR 15
DRAFT
d. Excess (or umbrella) liability insurance. Minimum limit of ten million dollars
($10,000,000.00) covering in excess of the preceding insurance policies.
e. Control of well insurance.
1. Minimum limit of five million dollars ($5,000,000.00) per occurrence.
2. Policy shall cover the cost of controlling a well that is out of control, re- drilling or
restoration expenses, seepage and pollution damage. Damage to property in the
operator's care, custody, and control with a sub -limit of five hundred thousand dollars
($500,000.00) may be added.
(k 1) Security Instrument
(1) A security instrument that covers each well must be delivered to the city before the
issuance of the oil and gas well permit for the well. The instrument must provide that it
cannot be cancelled without at least thirty (30) days prior written notice to the city and, if the
instrument is a performance bond, that the bond cannot be cancelled without at least ten
(10) days prior written notice for nonpayment of the premium. The instrument shall secure
the obligations of the operator related to the well to:
a. Repair damage, excluding ordinary wear and tear, if any, to public streets, including,
but not limited to, bridges caused by the operator or by the operator's employees, agents, NOW
contractors, subcontractors or representatives in the performance of any activity
authorized by or contemplated by the oil and gas well permit.
b. Comply with the insurance and security provisions set forth in this section.
c. Pay fines and penalties imposed upon the operator by the city for any breach of the oil
and gas well permit.
d. Reimburse the city and other public safety service providers for costs incurred in
responding to an incident or emergency event caused by or related to the permit holder's
operations.
(2) The security instrument may be in the form of an irrevocable letter of credit or payment
bond issued by a bank or surety approved by the city. The instrument shall run to the city for
the benefit of the city, shall become effective on or before the date the oil and gas well
permit is issued, and shall remain in effect until the well is abandoned and the site restored.
(3) A certificate of deposit may be substituted for the letter of credit or payment bond. The
certificate shall be issued by a bank in the City of Kennedale, Texas, shall be approved by
the city, shall be payable to the order of the city to secure the obligations of the operator
•"W
Rev. 10/05/2009 RR 16
DRAFT
1%MW described above, and shall be pledged to the bank with evidence of delivery provided to the
city. Interest on the certificate shall be payable to the operator.
(4) The security instrument may be provided for individual wells or on a "blanket" basis for
multiple wells. The amount of the security shall be a minimum of fifty thousand dollars
($50,000.00) for any single well and a minimum of one hundred thousand dollars
($100,000.00) for multiple wells on a "blanket" basis.
(5) An appeal of the determination of the amount of security required under this section
may be made to the city council for final determination.
(m t) Periodic reports.
(1) The operator shall notify the director of public works and the fire marshal of any
changes to the following information immediately, within one (1) business day after the
change occurs:
a. The name, address, and phone number of the operator;
b. The name, address, and twenty- four -hour phone number of the person(s) with
supervisory authority over drilling or operations activities;
c. The name, address, and phone number of the person designated to receive notices
from the city, which person must be a resident of Texas that can be served in person or by
registered or certified mail; and
d. The operator's emergency action response plan including "drive -to- maps" from public
rights -of -way to each drilling and operation site.
(2) The operator shall provide a copy of any "incident reports" or written complaints
submitted to the railroad commission or any other state or federal agency within thirty (30)
days after the operator has notice of the existence of such reports or complaints.
(3) Beginning on December 31st; after each well is completed, and continuing on each
December 31st thereafter until the operator notifies the city that the well has been
abandoned and the site restored, the operator shall prepare a written report to the city
identifying any changes to the information that was included in the application for the
applicable oil and gas well permit that have not been previously reported to the city.
(o) On -site operation requirements.
(1) A secured entrance gate and a sign shall be required. The sign identifying the entrance
to the drill site or operation site shall be reflective and shall indicate a physical address in
NOW compliance with the fire code, the name and /or number of each well, an emergency contact
Rev. 10/05/2009 RR 17
DRAFT
phone number, the oil or gas well permit number, and shall indicate the nature of the
operation, i.e. natural gas well. The fire marshal must approve the size and location of the
sign prior to commencing operations.
(2) Temporary six -foot chain link or approved alternative fences shall be required to
surround drill sites during initial drilling and completion, and shall be locked when no
operations personnel are present.
(3) Permanent cedar fences with masonry columns spaced not less than sixteen (16) feet,
nor more than twenty -four (24) feet surrounding producing sites shall be a minimum of eight
(8) feet in height or higher than the enclosed equipment and shall remain locked at all times
when no one is present. For security purposes, all permanent fencing structures shall have
a wrought iron gate to allow visibility into the well site.
(4) No refining process, or any process for the extraction of products from gas, shall be
carried on at a drill site or operation site, except that a dehydrator and separator may be
maintained on a drill site or operation site for the separation of liquids from gas. Any such
dehydrator or separator may serve more than one well. All production equipment on an
operation site shall be painted and maintained at all times, including pumping units, storage
tanks, buildings, and structures.
(5) Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" in a Mao,
minimum of four -inch lettering shall be posted at the entrance of each drill site and operation
site. The sign shall include the phone number for emergency services (9 -1 -1), the name and
phone number for the operator, and the well designation required by the railroad
commission in two three -inch lettering.
(6) No person shall place, deposit, or discharge or cause or permit to be placed, deposited,
or discharged any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substance, or any
refuse, including wastewater or brine, from any oil or gas operation or the contents of any
container used in connection with any oil or gas operation in, into, or upon any public right -
of -way, storm drain, ditch or sewer, sanitary drain or sewer, any body of water, or any
private property within the corporate limits of the city.
(7) All electric lines to production facilities shall be located underground in a manner
compatible to those required to be installed in the surrounding areas or subdivision and shall
comply with the city building code.
(8) All fire suppression and prevention equipment required by any applicable federal, state,
or local law shall be provided by the operator, at the operator's cost, and maintenance and
upkeep of such equipment shall be the responsibility of the operator.
-400
Rev. 10/05/2009 RR 18
DRAFT
(9) No operator shall excavate or construct any lines for the conveyance of fuel, water, gas
or petroleum liquids on, under, or through the streets or alleys or other land of the city
without an easement or right -of -way license from the city, at a price to be agreed upon, and
then only in strict compliance with this section, with other ordinances of the city, and with the
specifications established by the city.
(10) The digging up, breaking, excavating, tunneling, undermining, breaking up, or
damaging of any public street or leaving upon any public street any earth or other material
or obstruction, is prohibited unless the operator has first obtained written permission from
the city, and then only in compliance with specifications established by the city.
(11) No oil or gas well permit shall be issued for any well to be drilled within any of the
streets or alleys of the city and /or streets or alleys shown by the comprehensive land use
plan, and no street shall be blocked or encumbered or closed due to any exploration,
drilling, or production activities unless prior consent is obtained from the city, and then only
temporarily.
(12) All fences and gates shall be secured to prevent unauthorized public access to the site
and /or equipment. This includes, but is not limited to the following:
a. Securing any permitted temporary fencing to the ground;
b. Installing a knox box rapid entry system or padlock, and providing the fire marshal with a
master key to all padlocks and gate locks, or providing twenty- four -hour on -site security
personnel with access keys.
(13) All private roads and drives to the drilling and operation site must be constructed or
sufficiently improved to meet fire apparatus access road standards, as defined by the fire
code.
(14) Fracturing operations must comply with all regulations and standards established by
the Environmental Protection Agency, the Railroad Commission of Texas, and any other
appropriate local, state or federal agency.
(15) Temporary compressor for each well shall be classified as temporary for six (6) months
for noise and screening regulation purposes. Compressors shall be classified as permanent
thereafter and shall be required to meet noise and screening requirements for permanent
compressors.
a. Sound blankets shall be permitted for noise abatement on temporary compressors.
b. No sound blankets shall be permitted for permanent compressors. All acoustical
structures for permanent compressors must be constructed of permanent material
NNW
Rev. 10/05/2009 RR 19
constructed of metal, masonry or other structurally sound material in compliance with the
zoning district regulations, for compatible use.
(16) All facilities used for parking, loading, unloading, driveways and all other vehicular
access to each drill site, operation site, and gathering station or compressor station shall be
constructed of concrete, asphalt, or an alternative equivalent strength, solid, dust -free
surface which complies with all Fire Code standards, provided that the drive approach from
the street be constructed of concrete. The surface for such facilities and drive approach
must always be maintained in good condition and repair. Facilities and drive approaches
must be constructed and maintained in compliance with the City of Kennedale Public Works
Design Manual.
(17) A vehicular access pate for the drill site shall be located within seventy -five (75) feet of
the public road connecting to the drill site.
(p) Operations and equipment practices and standards.
(1) Adequate nuisance prevention measures shall be taken to prevent or control offensive
odor, fumes, dust, noise and vibration.
(2) No person shall permit any lights located on any drill or operation site to be directed in
such a manner so that they shine directly on public roads, adjacent property or property in
the general vicinity of the operation site. To the extent practicable and taking into account
safety considerations, site lighting shall be directed downward and internally so as to avoid
glare on public roads and adjacent dwellings and buildings within three hundred (300) feet.
(3) The operator shall at all times comply with the rules and regulations of the railroad
commission including, but not limited to all applicable field rules.
(4) Internal combustion engines may be used in drilling and producing operations if they
have mufflers that will reduce noise to not more than seventy (70) decibels at any point
three hundred (300) feet from the boundary of the drill site or operation site and prevent the
escape of noxious gases, fumes or ignited carbon or soot The noise level during fracing,
drilling, production, or other operations shall reduce the noise to not more than seventy (70)
decibels at any point three hundred (300) feet from the boundary of the drill site or operation
site. If noise levels at a distance of three hundred (300) feet exceed seventy (70) decibels, a
sound reduction enclosure shall be required around a drilling rig and any internal
combustion engines. Only electric motors shall be used for the purpose of pumping oil wells.
Electric motors shall be used for compressors located at gas well sites.
Rev. 10/05/2009 RR 20
DRAFT
The noise level between 7:00 p.m. and 8:00 a.m. shall not exceed sixty (60) decibels at any
IVAMW
point within three hundred (300) feet from the boundary of the drill site or operation site.
(5) In parallel to gas gathering pipeline, a flow back line shall be installed to handle water
and gas flow back following well fracture treatment.
(6) Vehicles, equipment, and machinery shall not be placed or located on a drill site or
operation site or on any public street, alley, driveway, or other public right -of -way in such a
way as to constitute a fire hazard or to unreasonably obstruct or interfere with fighting or
controlling fires.
(7) Well servicing operations shall be scheduled to occur between the hours of 8:00 a.m.
and 7:00 p.m. only.
(8) Air, gas, or pneumatic drilling shall not be permitted.
(9) For vehicular safety reasons, the operator shall immediately notify the city of any
substantial accumulations of dirt, dust, mud or other debris deposited on city thoroughfares
by vehicles involved in the well drilling or servicing or pipeline installation process. If for
safety reasons, the city elects to perform the removal, the cost of such removal shall be paid
by the operator.
(10) The drilling rig and associated drilling equipment shall be removed from the well site
within thirty (30) days of the completion of the well or drilling activities.
(q) Storage tanks and separators.
(1) An operator is allowed to construct, use, and operate such storage equipment and
separation equipment as shown on the application for the oil and gas development site plan.
(2) The use of centralized tank batteries is permitted as shown on the applicable
development site plan.
(3) No meters, storage tanks, separation facilities, or other above ground facilities shall be
placed in the one - hundred -year floodplain.
(r) Flow lines and gathering lines.
(1) Each operator shall place an identifying sign at each point where a flow line or
gathering line crosses a public street or road.
(2) Each operator shall place a warning sign for lines carrying H2S (Hydrogen Sulfide) gas
as required by the railroad commission. If a gas field in the city is identified as a H2 S gas
field the operator shall be required to cease operations.
Rev. 10/05/2009 RR 21
WAINIZI
(3) All flow lines and gathering lines within the corporate limits of the city (excluding city
utility lines and franchise distribution systems) that are used to transport oil, gas, and /or
water shall be limited to the maximum allowable operating pressure applicable to the pipes
installed and shall be installed with at least the minimum cover or backfill specified by the
American National Safety Institute Code, as amended.
(4) Easements must be acquired for all flow lines, gathering lines and flow back lines. The
location of easements shall be shown in a pipeline easement map approved by the zoning
board of adjustment prior to the installation of any pipelines.
(5) Structures shall not be built over flow lines or gas gathering pipelines.
(6) The location of all pipelines must be marked with warning signs in accordance with
industry standards. Within the City of Kennedale, the distance between such signs shall not
exceed five hundred (500) feet. In addition, during backfill of pipeline excavations, "buried
pipeline" warning tape shall be buried one foot above the pipeline to warn future excavators
of the presence of buried pipeline.
(s) Additional safety and environmental requirements.
(1) The drilling and production of oil and gas and accessing the oil or gas well site shall be
in compliance with all state and federal environmental regulations and shall not occur within 4420
environmentally sensitive areas designated by the Corps of Engineers.
(2) Oil and gas wells may have a target location or bottom -hole location that is under an
environmentally sensitive area when the oil or gas well is drilled directionally from a location
outside the environmentally sensitive area.
(3) Each producing well shall be equipped with an automated valve that closes the well in
the event of an abnormal change in operating pressure. All wellheads shall contain an
emergency shut off valve to the well distribution line.
(4) Each storage tank shall be equipped with a level control device that will automatically
activate a valve to close the well in the event of excess liquid accumulation in the tank.
(5) Storage tank facilities shall be equipped with a secondary containment system including
lining with an impervious material. The secondary containment system shall be of a
sufficient height to contain one and one -half (1 1/2) times the contents of the largest tank in
accordance with the Fire Code, and the impervious liner shall be covered with at least one
foot of sand. Drip pots shall be provided at pump out connections to contain the liquids from
the storage tank.
Rev. 10/05/2009 RR 22
DRAFT
(6) Tank battery facilities that contain flammable liquid shall be equipped with a remote
foam line utilizing a two and one -half inch (2.5) National Standard Hose Thread female inlet
connection in locations approved by the fire marshal. The remote foam lines connection
must be located no closer than one hundred fifty (150) feet to the area(s) being protected,
which location must be approved by the fire marshal.
(7) An approved hazardous materials management plan shall be on file with the fire
department. The costs of cleanup operations due to hazards associated with a well site shall
be the responsibility of the operator.
(8) All wells shall be abandoned in accordance with the rules of the railroad commission;
however, all well casings shall be cut and removed to a depth of at least ten (10) feet below
the surface. All wells and pipelines shall be abandoned in accordance with Section (v) of
this oridnance.
(9) No structures shall be built over an abandoned well.
(10) No saltwater disposal wells shall be located within the City of Kennedale.
(11) An ^�us lining of all pits shall be required A closed loop mud system shall be
required for all drilling and reworking operations for all gas wells. Drilling mud, cuttings,
liquid hydrocarbons and all other field waste derived or resulting from or connected with the
drilling re- working or deepening of any well shall be discharged into a closed loop mud
system All disposals must be in accordance with the rules of the Railroad commission and
any other appropriate local state or federal agency. Wells permitted before approval of this
ordinance [OR SPECIFY DATE] may use reserve pits. An impervious lining of all pits to
prevent water pollution shall be required.
(12) Afire hydrant must be located within six hundred (600) feet of the well. If a fire hydrant
is located further than six hundred (600) feet from the well, special provisions for water
supply may be required by the fire marshal. This may include, but is not limited to, the
provision of specialized fittings to connect fire hoses to water tankers.
(13) The fire marshal must be notified a minimum of twenty -four (24) hours in advance of
any explosives being transported onto, used on or transferred off of the site. Storage of any
explosives on -site for longer than twenty -four (24) hours is prohibited. Transportation
handling and use of explosives shall comply with all ATF (Federal Bureau of Alcohol,
Tobacco, Firearms and Explosives) and fire code requirements.
(14) A lightning arrestor system shall be installed according to the most current edition of
the National Electric Code.
Rev. 10/05/2009 RR 23
DRAFT
(15) Flarinq or burning of gas or petroleum of any kind after the well is in production is
prohibited. Temporary flaring or burning to accommodate public safety may be performed
but only when approved by the fire marshal. Appropriate public notice for planned and
unplanned flaring events must be given to designated city staff. Operators shall notify the
city forty -eight (48) hours before planned flaring begins and should provide an estimate of
how long flaring is expected to last. Operators must notify the city within three (3) hours of
discovery of a situation that calls for unplanned flaring to accommodate public safety.
(16) Platting, Development or Redevelopment near existing oil or gas wells.
a. Plat Statement
When an existing oil or gas well is located on the subiect property to be platted, all plats
must contain a statement that no building, not necessary to the operation of an oil or gas
well, shall be constructed within three hundred (300) feet from any existing oil or gas well.
If, upon appeal to the Planning and Zoning Commission and the City Council, a variance for
a lesser distance is approved, the statement shall reflect the distance granted by the
Planning and Zoning Commission and the City Council.
The plat statement note shall read as follows:
BUILDING CONSTRUCTION DISTANCE LIMITATION TO AN OIL OR GAS WELL BORE
Pursuant to the Kennedale City Code, no building(s) not necessary to the operation of an oil
or gas well shall be constructed within 300 feet (or distance granted by Planning and Zoning
Commission and City Council variance) from any existing oil or gas well bore. The distance
shall be measured in a straight line from the well bore to the closest exterior point of the
building, without regards to intervening structures or objects.
b. Well Identification and Impact Statement
When an existing or permitted oil or gas well is located on the property to be platted, all plats
affected by this requirement must show and identify those lot(s) and /or adjoining un- platted
tracts of land that are within three hundred (300) feet of an existing oil or gas well bore
located on the property being platted or re- platted. They shall further contain a notation that
said properties may be impacted by current or future operations associated with drilling,
production, maintenance, re- working, testing, or fracture stimulation of the well. ''"00
Rev. 10/05/2009 RR 24
DR9 FT
, *MIP-
c. Affidavit
When an existing oil or gas well is located on the subject property to be platted, all Plats
affected by these regulations must be accompanied by an affidavit signed by the property
owner and filed in the deed records of the county in which the property is located. Said
affidavit shall include the following information:
1. The location of the bore hole of all existing oil and gas wells located on the subject
property as shown on the plat filed in Cabinet Slide in the Plat
Records, County, Texas.
2. All Lot(s) and /or adjoining un- platted tracts of land that are located within 300 feet of
the well, as measured in a straight line, from the well bore, to the closest exterior point of the
building, without regard to intervening structures or obiects.
3. That said lot(s) and /or adjoining un- platted tracts of land may be impacted by any
one or more of the following: noise, vibration, lights, traffic, equipment, or other operations
that may be due to current or future drilling, production, maintenance, re- working, testing, or
fracture stimulation of the well.
d. Platting or Subdivision Near Existing Pipelines
In all cases in which one or more residential lots in a proposed subdivision are crossed or
come by or come within 100 feet of any existing oil or gas pipeline or pipeline easement, the
subdivider shall, prior to and as a condition of city approval of the subdivision, execute the
following waiver and hold harmless agreement, which shall be duly acknowledged in the
manner provided by law, and which shall thereafter be recorded in the appropriate deed or
other permanent county records:
"(Subdivider Name), by and through its duly undersigned and authorized officer, does
hereby state that it fully realizes that it is applying for a permit from the City of Kennedale to
build within one hundred feet (100') of an existing oil or gas pipeline or pipeline easement,
and that the City of Kennedale considers building near such pipeline or pipeline easement to
have certain inherent dangers, including, but not limited to, explosion and release of
noxious, toxic and flammable substances. For the aforementioned reasons, (Subdivider
Name) does hereby RELEASE and agrees to forever HOLD HARMLESS the City of
Kennedale, Texas, its officers, officials, employees, successors and assigns from all liability
Rev. 10/05/2009 RR
25
FRAINIZA
in any way arising from the building, use or habitation of structure described in the said
ep rmit."
e. Notation on development plan and plat
In all cases in which one or more residential lots in a proposed subdivision are crossed or
come by or come within one hundred feet (100') of any existing oil or gas pipeline or pipeline
easement, the subdivider shall provide a note on the face of the development plan and
record plat stating that the subdivision is crossed or is located within one hundred feet (100')
of an existing oil or gas pipeline.
(t) Supplemental drilling.
(1) Supplemental drilling to deepen or directional drill an existing well shall be conducted in
accordance with the conditions for the applicable special exception. The operator shall
provide the city with a copy of additional railroad commission permits that allow drilling to a
deeper depth.
(2) Supplemental drilling to deepen or directional drill an existing well shall be conducted in
accordance with the approved oil and gas well permit for the well on file with the city.
(u) Reworking of well; notice.
Any person who intends to rework a well using a drilling rig, to fracture stimulate a well after
initial completion, or to conduct seismic exploration involving explosive charges shall give
written notice to the city at least ten (10) days before the activities begin. The notice shall
identify where the activities will be conducted and shall describe the activities in reasonable
detail, including but not limited to the duration of the activities and the time of day they will
be conducted. The notice must also provide the address and twenty- four -hour phone
number of the person conducting the activities. The person conducting the activities will post
a sign on the property giving the public notice of the activities, including the name, address,
and twenty- four -hour phone number of the person conducting the activities.
(v) Abandonment of wells and pipelines.
(1) Abandonment of wells. Upon abandonment of a well or well site, within sixty (60) days,
the well shall be plugged in accordance with the Texas Railroad Commission standards, the
site shall be cleaned and cleared of all equipment, holes or excavations filled, and the land
graded and returned to its original condition including replanting of vegetation to match the 'e*,
Rev. 10/05/2009 RR 26
DRAFT
surrounding area. All well casings shall be cut and removed to a depth of at least ten (10)
feet below the surface.
(2) Abandonment of pipelines. Upon abandonment of a pipeline, within sixty (60) days of
abandonment, a pipeline must be purged and plugged in accordance with the rules and
regulations of the State of Texas in effect at that time.
(w) Remedies of the city.
(1) If an operator (or its officers, employees, agents, contractors, subcontractors or
representatives) fails to comply with any requirement of an oil and gas well permit (including
any requirement incorporated by reference as part of the permit), the city shall give written
notice to the operator specifying the nature of the alleged failure and giving the operator a
reasonable time to cure, taking into consideration the nature and extent of the alleged
failure, the extent of the efforts required to cure, and the potential impact on the health,
safety, and welfare of the community. In no event, however, shall the cure period be less
than thirty (30) days unless the alleged failure presents a risk of imminent destruction of
property or injury to persons or unless the alleged failure involves the operator's failure to
provide periodic reports.
(2) If the operator does not cure the alleged failure within the time specified by the city, the
city may notify the railroad commission and request that the railroad commission take
appropriate action (with a copy of such notice provided to the operator), and the city may
pursue any other remedy available under this section.
(3) If the operator does not cure the alleged failure within the time specified by the city, the
city manager may:
a. Suspend the oil and gas well permit until the alleged failure is cured; or
b. Revoke the oil and gas well permit if the operator fails to initiate and diligently pursue a
cure.
(4) The operator may appeal a decision to suspend or revoke the oil and gas well permit, to
the city council.
(5) In lieu of or in addition to availing itself of the remedies set forth in this subsection, the
city may pursue the filing of a criminal complaint in the municipal court for violation of this
section in accordance with subsection (y) below.
(x) Enforcement, right of entry. City staff is authorized and directed to enforce this section and
1%1W the provisions of any oil and gas well permit. Whenever necessary to enforce any provision of
Rev. 10/05/2009 RR 27
DRAFT
this section or a gas well permit, or whenever there is reasonable cause to believe there has
been a violation of this section or an oil and gas well permit, city staff may enter upon any
property covered by this section or an oil and gas well permit at any reasonable time to inspect
or perform any duty imposed by this section. If entry is refused, the city shall have recourse to
every remedy provided by law and equity to gain entry.
(y) Penalty.
(1) It shall be unlawful and an offense for any person to do the following:
a. Engage in any activity not permitted by the terms of an oil and gas well permit issued
under this section;
b. Fail to comply with any conditions set forth in an oil and gas well permit issued under
this section; or
c. Violate any provision or requirement set forth under this section.
(2) Any violation of this section shall be punished by a fine of not more than two thousand
dollars ($2,000.00) per day, subject to applicable state law. Each day a violation occurs
constitutes a separate violation.
(Ord. No. 271, § 1, 3- 11 -04; Ord. No. 271, § 1, 3- 11 -04; Ord. No. 343, §§ 1 - -11, 10- 12 -06;
Ord. No. 373, §§ 2 - -4, 8 -9 -07)
Editor's note: Prior to the reenactment of § 17 -426 by Ord. No. 271, Ord. No. 108, § 5,
adopted Oct. 10, 1996, repealed § 17 -426 which pertained to sexually oriented businesses and
derived from Ord. No. 40, adopted Sept. 9, 1993. Similar provisions can be found in §§ 11 -201 --
11 -224.
Rev. 10/05/2009 RR 28
Operator Comments
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Summary Discussion
SUMMARY OF DISCUSSIONS AT THE ROUND TABLE MEETING
"%W In attendance
From city staff.
James Cowey
Rachel STAFF
From the Planning & Zoning Commission:
Frank Fernandez
From the Board of Adjustment:
Pat Vader
From Carrizo:
Scott Hudson
From Chesapeake:
Tiesa Leggett
Erica Wilson
From EOG:
Kristina Stacey
VOW From XTO:
Walter Dueease
From DFIN Midstream:
Chad Smalls
Jason Panek
Staff is thankful to Mr. Fernandez and Mr. Vader for attending the meeting; their participation
was invaluable.
Issues Discussed:
1. Waivers to reduce required setback from 600 feet to 300 feet: 100% consent of
affected property owners
2. Operations in floodplains
3. Compressor stations
4. Review of special exception every two years; remedies
5. Material Safety Data Sheets
6. Wastewater management plan
7. Pipeline Easement Map
8. Fencing
°.W
Issue 1: Waivers to reduce required setback from 600 feet to 300 feet: 100%
consent of affected property owners
The operators heartily dislike the city's existing requirement that 100% of property
owners located between 300 and 600 feet of a proposed drillsite (drilling, production,
compressors, etc.) must agree in writing to the space reduction. They proposed a lower
percentage requirement; 60 %, 70 %, and 2/3 were proposed. They also suggested that if the
100% requirement were maintained, that operators have an option to obtain a variance from
this requirement by presenting a case to the BoA or City Council. Staff is not necessarily
opposed to the idea of allowing a reduction in the 100% requirement, but only is the operator
can make a compelling and convincing case. Based on comments from the operators, I think it
is safe to say that they view any resistance to a waiver reduction to be based in greed, that the
holdout property owners are simply waiting for the operators to offer a large payment. They
feel that it is, basically, extortion. In some cases, they may be right. But the City must allow
for the possibility that a property owner simply does not want a gas well to be located closer ` oe
than 600' to his or her property for health, safety, or aesthetic reasons. Obviously, if the
operator can demonstrate that the remaining property owner (or owners) is demanding a much
larger sum of money than the other affected property owners, it might have a case for allowing
them to proceed without waivers from 100% of the property owners. The operators say that it
isn't fair to the other property owners that one person can hold everything up, and they have a
point. But it also isn't fair to inflict gas well operations upon a person who does simply not
want to live near such activities.
The operators tend to see many objections to gas drilling in monetary terms. If a
property owner doesn't sign the distance waiver, it's because he or she wants more money. If
a resident complains about dust on his property, it's because the gas company didn't sign a
lease with him. I imagine that in many cases, this is the truth. However, I find it hard to
believe that it's true in every case. For example, on the issue of property being covered in dust
from gas operations, two Chesapeake representatives have told staff (James and me)
separately that the property owners were only complaining because Chesapeake didn't sign moll
lease agreement with them. But James visited the sites, and really, the amount of dust he saw
was more than enough to warrant complaint.
Issue 2: Operations in floodplains
The operators would like to see more flexibility in allowing drilling in floodplains and say
that this practice is actually fairly common in the area. Depending on what kind of activities
and what kind of structures were permitted to be in the floodplain, staff would not object to
making some exceptions to the floodplain /gas drilling prohibition. However, because
Kennedale already has so many problems with floodplain- related issues, and because we're
trying to make the city's floodplains more attractive and to establish trails along the floodplains,
allowing gas operations to take place there would need to be done with extreme caution. For
example, if the city establishes a linear park along the Village Creek floodplain, as it has been
planning to do for some time, will the proximity of gas operations prohibit use of the land for
trails, for safety reasons?
Complicating this issue is the fact that much of our floodplain contains industrial uses.
Industrial areas tend to be better sites for oil and gas operations than do other land use areas,
but of course, one of our main industrial areas is within the floodplain.
If the Commission would like to consider allowing oil and gas development within the
city's floodplains, we will be happy to research how this issue is handled in other North Texas
cities.
Issue 3: Compressor stations; and
Issue 4: Review of special exceptions every two years
The operators oppose the requirement that compressor stations be subject to special
exception review every two years. They argue that compressor stations are extremely
expensive to build and that operators might be reluctant to commit large funds to a project that
must be abandoned in two years. The Commission might consider extending the amount of
time between special exceptions for drilling, but staff would not recommend extending it
'"Wo beyond five years and would not recommend extending the review period for compressor
stations beyond two years. Special exceptions run with the land permanently, unless
3
otherwise specified with the special exception is granted, and this seems an unwise
commitment for the city to make. Moreover, during the round table meeting, operators 4wf
indicated that they did not foresee needing a compressor station in Kennedale, so the
expiration of special exceptions for compressor stations after two years should not concern
them greatly.
After the round table meeting, planning staff discussed compressor stations with other
city staff, who suggested also requiring a minimum lot size for compressor stations and a strict
noise limit, such as 40 dB at the building line.
Another issue for the operators is the city's requirement that only electric motors may be
used in compressor stations. Several of the operators said that their compressor station
motors run on gas, and they also said that running an electric line to the station site can be
costly and burdensome. Staff would not object to using natural gas if the operators can
demonstrate that it will not generate more noise than an electric motor would do.
As mentioned earlier, in cases where special exceptions are revoked for non-
compliance, the City should consider offering some sort of remedy. For example, depending ..,�
on the severity of the violation, the operator might have a set amount of time in which to
correct the problem.
Issue 5: Material Safety Data Sheets
The operators said that the materials they use during operations are subject to change
and therefore whatever they submit with their application may not be accurate throughout the
operations. They said that copies of MSDS were kept at the drillsite and that the city could
access this information when needed. While I object to the operators' stance that it's simply
too much trouble to have remember to send us copies of the materials they put in the ground
under Kennedale, staff would not object if the Commission would like to revise the proposed
ordinance. Staff would prefer operators to send the MSDS for the materials they propose to
use and then send updates when they change any flammable or hazardous materials used on
site. NNO
ll
Issue 6: Wastewater management plan
The operators believed this requirement as written is too burdensome. While they don't
object to providing an initial wastewater management plan, they balk at the idea of providing
semi - annual reports. They suggested revising the proposed ordinance to state that staff may
request wastewater management information at any time. Staff would prefer the burden on
providing information to be left to the operator and would like to revise the ordinance to require
the operators to submit a plan that states who the subcontractors are and where the waste
water will be going and then to provide us with updates when anything in the plan changes.
Staff would also like to be authorized to request updates at random, just to make sure we have
the correct information.
Issue 7: Pipeline Easement Map
The city's current oil and gas ordinance requires operators to submit with their
applications a pipeline easement map. The operators stated that the pipeline route is subject
to change. They asked that the language be changed to read "proposed pipeline easement
map."
They also asked whether it was necessary to show the location of compressor facilities
if they are located outside of Kennedale, and staff does not believe that would be necessary.
Issue 8: Fencing
Operators objected to our fencing requirement. This requirement is part of the city's
original ordinance and has not been proposed for revision, but the Commission might want to
consider revising it. The operators say that wrought iron gates are flimsy and indicated that
they tend to be banged up rather badly by the trucks accessing the drill sites. They suggested
that an alternative gate material be allowed. Provided that it could provide the same aesthetic
value and still also visual access to the site for security reasons, staff does not object to it.
5
The operators also asked that the fencing material be allowed to match the surrounding
land uses. Staff believes that fencing should be required to be appropriate for the zoning
district in which the operations would be located. The fencing should not be based on use but
on zoning. Thus operations on industrially -zoned properties could have fencing appropriate for
industrial areas, just as fencing in agricultural and residential zoning districts would have
residential- appropriate fencing. Ideally, the operations would be fenced so that passers -by
cannot distinguish the oil or gas operations from the primary use of the property. The
exception to this standard would be for properties on which the land use is more intense than
the zoning district. For example, several of the city's salvage or auto parts yards are located
with commercial zoning districts. These are industrial land uses located in non - industrial
areas. Fencing in these cases would be required to be compatible with commercial uses,
rather than industrial uses.
In addition, the screening requirements for the Business 287 overlay district should
apply to oil and gas operations; such operations should not be visible from the parkway, with
the exception of the drilling rig.
C
Staff Report
To the Honorable Mayor and City Council
Date: February 5, 2010
Agenda Item No: VIII.
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 Repot
To the Honorable Mayor and City Council
Date:
February 5, 2010
Agenda Item No: IX.
Subject: Presentation
Originated by: Kathy Turner, City Secretary
Summary: Art in the Park committee members will be providing a PowerPoint Presentation
reflecting an update on activities for the upcoming celebration.
Recommendation:
Disposition by Council:
Staff Repot
To the Honorable Mayor and City Council
Date: February 5, 2010
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
B. City Council
C. City Manager
Recommendation:
Disposition by Council:
Staff Report
To the Honorable Mayor and City Council
Date: February 5, 2010
Agenda Item No: XI A -I
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:
Disposition by Council:
Staff Report
To the Honorable Mayor and City Council
Date: February 4, 2010
Agenda Item No: XI -A.
Subject: Approval of regular meeting minutes dated January 14, 2010.
Originated by: Kathy Turner, City Secretary
Summary: Meeting minutes dated January 14, 2010 are attached for your review and
consideration.
Recommendation: RECOMMEND APPROVAL
Disposition by Council:
REG
405 MUNIC:
I.
:N�7l�IIC@II):717 7
CIL
Y 14, 2010
JNICIPAL BLDG.
Mayor Lankhorst called the work session to order at 7:05 p.m.
H. ROLL CALL
Kathy Turner, City Secretary called roll with the following person's present/absent:
Council present: Bryan Lankhorst
John Clark
David Green
Brian Johnson
Kelly Turner
Jerry Miller
Staff present: Bob Hart
Wayne K. Olson
Kathy Turner
Sakura Dedrick
Rachel Roberts
Tommy Williams
Larry Ledbetter
Mike McMuray
Mayor
Mayor Pro -Tem, Place 1
Councilmember, Place 2
Councilmember, Place 3
Councilmember, Place 4
Councilmember, Place 5
City Manager
Legal Counsel
City Secretary
Director of Finance
Planner
Chief of Police
Director of Public Works
Fire Chief
III. WORK SESSION
A. Discussion on planning regulations in the ETJ.
3465
Bob Hart, City Manager addressed platting jurisdiction within the city's ETJ and
indicated that the City had been contacted by the County in regards to such. Hart
explained that HB 1445 provides four options for approval of subdivision plats and
permits in the ETJ: 1) the City may be given exclusive jurisdiction over plats and
development permits in the ETJ; 2) the County may be given exclusive jurisdiction
over plats and development permits in the ETJ; 3) the ETJ may be apportioned for
jurisdiction purposes; or 4) a joint City /County office may be established to apply a
hybrid set of regulations.
Next, Hart stated that HB 1445 was adopted in 2001 and required the County to
execute an agreement with every city in the County to regulate approval of plats in
the ETJ no later than April 1, 2002. However, no agreements were ever executed
on behalf of the County. As a result, the County is now initiating contracts, in
which the attached contract provides the County exclusive jurisdiction over plats
and development permits in the ETJ.
In addition, Wayne Olson, Legal Counsel reported that some cities were concerned
more with regulatory control, as city standards utilized for streets, water /sewer
installation, etc. may be more restrictive than the County requirements. Mr.
J
J
3466
Olson indicated that it was basically a matter of preference, and that the City
needed to decide what regulations needed to apply, and what is in the best interest
of the City. Also, Mr. Hart replied that he did address city water /sewer regulations
with the County and they agreed to input those requirements into the attached
agreement. However, street regulations were not discussed.
Open discussion then ensued regarding street regulations, right -of -way widths, and
utility sizes. Concerns were expressed with future expenses regarding
infrastructure costs once areas were brought into the City. It was suggested to have
agreement amended to include the city's current design standards.
B. Planning and Zoning presentation regarding form -based zoning.
Rachel Roberts, Planner indicated from the Strategic Planning Session that the
P &Z was given a task of creating a different classification of residential zoning to
use in certain areas within the city that currrent zoning classifications conflict with.
She said one approach being reviewed is form -based code.
Next, P &Z Vice -Chair Ernest Harvey explained form -based code addresses the
relationship between building facades and the public realm, the form and mass of
buildings in relation to one another, and places a primary emphasis on building
type, dimensions, parking location and fagade features, and less emphasis on uses.
Mr. Harvey went on to review the advantages of form -based code, provided a
comparison of conventional zoning vs. form -based code, the approach, and where
to apply this type of zoning within Kennedale.
In addition, handouts were provided to Council for review in regards to form -based
codes from various cities that utilizes this type of zoning. A question and answer
session followed with support to obtain more information in regards to form -based
codes.
C. Discuss and review any item on the agenda, if needed.
Bob Hart, City Manager addressed Consent Agenda Item E - Bowman Springs
Road At -Grade Crossing Agreement in regards to Quite Zone. Hart indicated that
for a Quite Zone, arms needed to be installed, as well as a median to prevent traffic
from going around, which is in the design of Bowman Springs. He said design
would meet all requirements of Quite Zone, but that more work would need to be
done at the other three crossings. Furthermore, Hart implied that an agreement
would need to be submitted for each crossing, and that it would be easier to do all
at one time versus one on one. Hart expects to begin process of Quite Zones within
six months of project completion.
There being no further discussion, Mayor Lankhorst closed the work session at
6:53 p.m.
IV. REGULAR SESSION
Mayor Lankhorst called the regular session to order at 7:05 p.m.
V. INVOCATION
Ms. Rachel McMannis, Kennedale High School student led the Invocation.
VI. US PLEDGE OF ALLEGIANCE
Mayor Lankhorst led the US Pledge of Allegiance.
VII. TEXAS PLEDGE OF ALLEGIANCE
3467
"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
Ms. Nadeya Patel, 4111 Spring Brook Dr., Arlington, TX thanked the Mayor and City
Council for allowing her to serve as "Mayor for the Day" during the December 2009
council meeting, and allowing her the opportunity to learn how local government works.
Pat Doescher, Chairman with the Chamber of Commerce announced the upcoming
Networking Luncheon and Business After Hours Social. Also, Mrs. Doescher advised
Council that Angela's Mexican Restaurant had closed.
IX. REPORTS /ANNOUNCEMENTS
A. Mayor
Mayor Lankhorst announced that 2010 would be a great year, as a lot of projects
would come to fruition.
B. City Council — No Council reports and/or announcements.
C. City Manager
1. Award Medal of Valor to Forest Hill Fire Department.
Bob Hart, City Manager indicated that a Medal of Valor had been issued to the
Forest Hill Fire Department for saving the life of Mrs. McBroom whose house
had been damaged in a recent fire. Also, Hart said that a ceremony honoring
the Kennedale Firefighters would be held Saturday at 1:00 p.m. at the
Kennedale Fire Department for their efforts in retaining the fire so that the
Forest Hill Firemen could retrieve Ms. McBroom.
2. Presentation of Certificate of Achievement for Excellence in Financial
Reporting to Sakura Moten - Dedrick, Director of Finance.
Bob Hart, City Manager presented a Certificate of Achievement for Excellence
in Financial Reporting to Sakura Moten - Dedrick, Director of Finance.
X. CONSENT AGENDA
A. Approval of regular meeting minutes dated December 10, 2009.
B. Approval to award bid to Jackson Construction Ltd., for Tarrant County Bond
Street Reconstruction - Bowman Springs Road Project.
D. Approval to award bid for Sonora Park Spray Park and Playground Equipment.
3468
E. Approval to authorize City Manager to execute Union Pacific Railroad
Company Agreement for relocation and construction of Bowman Springs Road At-
Grade Public Road Crossing.
F. Approval of Resolution No. 309, dedicating 4.152 acres of parkland as open space
for perpetuity as required by the Texas Parks and Wildlife Department.
G. Approval of Resolution No. 310, authorizing award of low bid, contract, and
funding participation with Tarrant County Community Development and Housing
for the 35 Year Community Development Block Grant Project for sanitary sewer
replacement to include building approximately 840 LF of pipe bursting
enlargement and open -cut replacement of existing sanitary sewer pipe and manhole
replacement to serve Spiller Street located within the Original Town of Kennedale,
Texas, Tarrant County.
Mayor Pro -Tem Clark move to approve consent agenda items XA — XG as
presented, second by Councilmember Miller. Motion carried unanimously (5 -0).
XI. REGULAR ITEMS
H. Review and consider action to approve Resolution No. 311, of the City of
Kennedale, Texas approving a Project Agreement with the Kennedale Economic
Development Corporation with respect to the Issuance of the City's Combination
Tax and Revenue Certificates of Obligation, Series 2010.
Councilmember Miller moved to approve Resolution No. 311, approving a Project
Agreement with the KEDC with respect to the Issuance of the City's Combination Tax and
Revenue Certificates, Series 2010. Councilmember Turner seconded the motion and all
members voted in favor. Motion carried (5 -0).
I. Review and consider action to approve Ordinance No. 449, authorizing the
Issuance, Sale and Delivery of "City of Kennedale, Texas Combination Tax and
Revenue Certificates of Obligation, Series 2010 ", securing the payment thereof by
authorizing the levy of an annual Ad Valorem tax and a pledge of surplus revenues
of the City's Waterworks and Sanitary Sewer System; approving and authorizing
the execution of all instruments and procedures related thereto including a Purchase
Contract, an Official Statement, and a Paying Agent/Registrar Agreement, and
providing for an immediate effective date.
Mayor Pro -Tem Clark moved to approve Ordinance No. 449, authorizing the
Issuance, Sale and Delivery of "City of Kennedale, Texas Combination Tax and
Revenue Certificates of Obligations, Series 2010 ". Motion seconded by
Councilmember Miller. Motion carried unanimously (5 -0).
J. Review and consider action to authorize the Mayor to execute Interlocal
Agreement with Tarrant County regarding plat approval jurisdiction in the city's
extraterritorial jurisdiction.
Mayor Pro -Tem Clark moved to authorize the Mayor to execute an Interlocal
Agreement with Tarrant County regarding plat approval jurisdiction in the city's
extraterritorial jurisdiction subject to the agreement being modified to include the
city's minimum requirements for roads, as the City water /sewer requirements are.
Motion second by Councilmember Green. Motion carried (5 -0).
K. Review and consider action to authorize budget amendments for fiscal year
2009 -2010.
3469
Mayor Pro -Tem Clark moved to table this item until the February 2010 meeting,
second by Councilmember Green. Motion carried (5 -0).
L. Discussion on process for locating the 9 -1 -1 Memorial Tribute.
Bob Hart, City Manager indicated that the City had been approved to receive a
portion of steel from the World Trade Center for the intended use in creating a
memorial, which must be open to the general public such as in parks,
fire/EMS/police stations, emergency service training grounds for uniformed
personnel or places of public assembly. Also, Hart advised that the steel could not
be used in personal collections, sold, or used for fundraising.
A discussion then ensued, as to where an appropriate location would be to place the
structure. Council agreed to form a committee to review and recommend
placement of the structure within the City, which would allow for honor and easy
access for the public.
Mayor Pro-Tern Clark moved to recommend a committee be comprised of
Councilmember's Green and Turner, two members from the Park Board, Fire Chief
McMurray and two fire personnel, City Manager, and one member from the EDC.
Councilmember Turner seconded the recommendation and motion carried
unanimously (5 -0).
M. Review and consider action to create Kennedale Branding Task Force consistent
with work of Imagine Kennedale 2015 Strategic Plan.
Bob Hart, City Manager indicated that the Branding Task Force was a follow up to
the Strategic Plan, in which the task force would be assigned the task to work with
the city's brand and image issues.
Hart provided Council a calendar time table identifying steps necessary to
implement the process, and suggested that a task force be created consisting of a
couple of members from the EDC, Council, one person from P &Z, and four
persons who were involved with the strategic plan.
Additionally, he said that UTA was scheduled to do a citizen opinion survey with
the focus on branding and imaging during the Spring semester, and work would
continue for approximately 9 months through 2010.
Councilmember Johnson moved to create and appoint a task force with
consideration of two members from the EDC, two councilmember (Jerry Miller
and Brian Johnson), one P &Z member, and four strategic plan participants. Motion
seconded by Councilmember Turner with all members voting in favor. Motion
carried (5 -0).
No further discussion, Mayor Lankhorst recessed the meeting at 8:00 p.m. to enter
into executive session.
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3470
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.
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. Sublett Road re- alignment properties
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.
City Manager
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.
XIH. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY
PURSUANT TO EXECUTIVE SESSION, IF NEEDED.
Mayor Lankhorst reconvened into open session at 9:15 p.m.
A. Consider approval of resolution authorizing legal counsel to proceed with
condemnation of property located in the J. M. Lilly Survey, Abstract 980, Tract
4A01 for widening of Sublett Road.
B. Consider approval of resolution authorizing legal counsel to proceed with
condemnation of properties located in the J. M. Lilly Survey, Abstract 985, Tracts
1A01, 1A01A1, 1A02, lA2A, IA2B, and 1A02C for widening of Sublett Road.
C. Consider approval of resolution authorizing legal counsel to proceed with
condemnation of property located in Turner Acres Addition, Block 1, Lot 1 for
widening of Sublett Road.
D. Consider approval of resolution authorizing legal counsel to proceed with
condemnation of property located in the John Watson Addition, Block 1, Lot lA
for widening of Sublett Road.
E. Consider approval of resolution authorizing legal counsel to proceed with
condemnation of properties located in the J. M. Estess Home Tracts Addition, Lots
1C1, 3A, 3B, 4R, 6B, 7, 8A2, 8A3, 11B, 11C1 for widening of Sublett Road.
F. Consider approval of resolution authorizing legal counsel to proceed with
condemnation of properties located in the Glenn Oaks Addition, Block 1, Lot 1,
and Block 3, Lots 1 and 2 for widening of Sublett Road.
3471
G. Consider approval of resolution authorizing legal counsel to proceed with
condemnation of properties located in the W.E. Halton Survey, Abstract 1791,
Tracts 1A01, 1C, and 1C01 for widening of Sublett Road.
H. Consider approval of resolution authorizing legal counsel to proceed with
condemnation of properties owned by HM Real Estate Management, LTD., being
approximately fifty -eight acres of land located west of the 3800 block of New
Hope Road and Bruce Johnson, Trustee, being approximately seventeen acres of
land located east of the 300 block of Jonah Road for a water line easement
acquisition.
Mayor Pro -Tem Clark moved to approve Resolution No. 312, authorizing legal
counsel to proceed with condemnation of a portion of approximately 85.362 acres
tract of land called Lot 7, Raceway Estates, second by Councilmember Johnson.
Motion carried (5 -0).
Mayor Pro -Tem Clark moved to approve Resolution No. 313, authorizing legal
counsel to proceed with condemnation of a portion of an approximately 17.92 acre
tract of land situated in the C. B. Teague Survey, Abstract 1506, Tarrant County,
Texas for a water line easement, second by Councilmember Miller. Motion carried
(5 -0).
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 9:17 p.m.
APPROVED:
Mayor, Bryan Lankhorst
ATTEST:
Kathy Turner, City Secretary
Staff Report
To the Mayor and Council Members
Date: February 11, 2010
Agenda Item No: XI -B
Subject: Approval to award bid and authorize the City Manager to execute
a contract with Gra -Tex Utilities, Inc. for the construction of water
and wastewater improvements on High Ridge Road located within
the Oak Crest Addition, Kennedale, Texas.
Originated by: Larry Ledbetter, Director of Public Works
Summary: Construction of new water and waste water utilities on High Ridge
Road will enable the City to efficiently serve the needs and
expectations of our citizens and businesses in the Oak Crest
Addition. The area is currently served by leaking septic systems
and a 1.5" galvanized water line. The project involves open cut
and placement of approximately 863 LF of water pipe and 998 LF
of sanitary sewer pipe. Sealed bids were opened on January 26,
2010. The low bidder for the project is Gra -Tex Utilities, Inc., in
the amount of $168,112.50. The contractor is a locally owned
responsible company.
Recommendation: Staff recommends awarding the contract to Gra -Tex Utilities, Inc.,
in the amount of $168,112.50.
Disposition by Council:
Staff Report
To the Mayor and Council Members
Date: February 11, 2010
Agenda Item No: XI -C
Subject: Approval to award bid and authorize the City Manager to execute
a contract with Conatser Construction TX, LP, for the construction
of the 16" Water Line B, KHA No. 061156002.
Originated by: Larry Ledbetter, Director of Public Works
Summary: Construction of the 16" water line will allow the city to efficiently
convey water from the west side of town to the east side of town
where most of the water is utilized. The project will involve
approximately 9,696 LF of 16" C -905 DR -18 Water Pipe by open
cut. On January 07, 2010 sealed bids were received and opened.
Based on reviews by Kimley -Horn and City Staff the low bidder for
the project is Conatser Construction Tx, Lp in the amount of
$596,628.25. The contractor is a locally owned responsible
company.
Recommendation: Staff recommends awarding the contract to Conatser Construction
TX, LP in the amount of $596,628.25.
Disposition by Council:
Kimley -Horn
and Associates, Inc.
■
January 28, 2010 suite 950
801 Cherry Street, Unit 11
Fort Worth, Texas
Email: bhart@cityojkennedale.com 76102
Mr. Bob Hart
City Manager
City of Kennedale
405 Municipal Drive
Kennedale, TX 76060
Re: 16 -Inch Water Line B
KHA No. 061156002
Dear Bob:
On January 7, 2010 bids were received and opened by the City of Kennedale for
the referenced project. A summary of the bids follows:
Contractor
Total Bid W /Alternate 1
Conatser Construction TX, LP
$596,628.25
Fox Contractors, Inc.
$624,244.20
Tri -Tech Const., Inc.
$690,169.70
Circle H Contractors, LP
$690,724.50
Gin -Spen, Inc.
$718,776.00
Jackson Construction
$738,820.00
Atkins Brothers
$801,711.00
W.R. Hodgson Co.
$814,530.40
AUI Contractors, Inc.
$815,473.00
Rogers Construction Co.
$817,351.44
RSD Construction, Inc.
$836,209.25
Barson Utilities
$856,116.50
SMB Enterprises, Inc.
$862,241.00
Gra -Tex Utilities, Inc.
$874,756.00
Whitewater Construction, Inc.
$1,000,655.00
Cleburne Utility Const., Inc.
1,053,968.75
The detailed bid tabulation is attached.
Kimley -Horn and Associates (KHA) has reviewed the lowest bidder's
qualifications and has verified that the Contractor's bonding company is licensed
in the State of Texas. Based on these reviews, it appears that Conatser
J
i
■
TEL 817 335 6511
FAX 817 335 5070
EM FI Kimley -Horn
and Associates, Inc.
Mr. Bob Hart, January 28, 2010, Page 2
Construction TX, LP. is the lowest responsible bidder. KHA is in agreement with
City Staff that exercising Alternate 1 would be in the best interest of the City. The
result would be awarding the contract to Conatser Construction TX, LP for an
amount of $596,628.25.
Please call if you have any questions or comments.
Very truly yours,
KIMLEY -HORN AND ASSOCIATES, INC.
4 -- e James, P.E.
RJJ /tmj
Copy to: Mr. Larry Ledbetter, City of Kennedale
Enclosure
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Staff Repot
To the Honorable Mayor and City Council
Date: February 5, 2010
Agenda Item No: XI -D
Subject: Approval to authorize the Mayor to execute an Interlocal Agreement for
Administrative Costs Funding for Section 5310 Program with Fort Worth
Transportation Authority.
Originated by: Kathy Turner, City Secretary
Summary: Attached for council consideration is an annual contract with the Fort Worth
Transportation Authority to provide services for person's age 65 and older
and persons with disabilities.
TCTS provides door -to -door transportation service throughout Tarrant
County for any purpose including medical, shopping, visiting a friend or
going to a movie. The TCTS contracts with the American Red Cross (ARC
Wheels) to provide buses and drivers. Service hours are 6:00 AM to 6:00
PM, Monday through Friday, except on holidays.
To use this service, citizens would register by calling 817.336.8714 to verify
residency, age, and /or disability. Trips can then be scheduled by calling
between two and ten days before the appointment or scheduled service.
Trip requests are taken from 8:30 AM to 4:30 PM, Monday through Friday,
except holidays. Our residents will pay $2.50 per one -way trip, and they are
guaranteed rides on Tuesday.
The service is door -to -door, and the driver will escort the passenger to and
from the vehicle. Drivers are not allowed to enter residences, and will only
go to the main floor lobby area in businesses. Passengers will need to
estimate when to schedule the return trip, but they can call the dispatch
number if the time needs to change. If the passenger needs to bring
someone to assist them, the assistant rides for free. Guests pay the same
$2.50 one -way fare as the passenger.
Participation in this program is an annual cost of $1,288.00, which is
currently budgeted in the Sr. Citizen Budget under Special Services.
Recommendation: Recommend approval to authorize the Mayor to execute Interlocal
Agreement.
T Contract No.
City Secretary Contract No.
INTERLOCAL AGREEMENT
FOR ADMINISTRATIVE COSTS FUNDING FOR
SECTION 5310 PROGRAM
BETWEEN
THE FORT WORTH TRANSPORTATION AUTHORITY
AND
THE CITY OF KENNEDALE, TEXAS
The Fort Worth Transportation Authority ( "T ") and the City of Kennedale, Texas
( "City ") are both local governmental entities as that term is used in Chapter 791, Interlocal
Cooperation Contracts, V.T.C.A., Government Code. They shall sometimes be referred to
collectively as the "Parties ".
WHEREAS, the City of Kennedale desires to provide door -to -door paratransit services
for elderly and persons with disabilities within Tarrant County and does not have a transportation
service nor is a member of a transportation authority; and
WHEREAS, the Fort Worth Transportation Authority is a federal grantee of the Federal
Transit Administration and the Federal Transit Administration provides funding to States under
Section 5310 of Title 49 of the United States Code, and the goal of the Section 5310 program is
to provide transportation for elderly and disabled persons residing in cities that do not have
public transportation available to them; and
WHEREAS, the Texas Department of Transportation (TxDOT) asked the T to develop
and implement a Section 5310 program (TCTS) for otherwise under served communities in
Tarrant County; and
WHEREAS, the Fort Worth Transportation Authority has been awarded the grant for
this area and the City of Kennedale is contributing $1,288.00 towards the administrative costs of
the Section 5310 service (TCTS); and
WHEREAS, the monies will support a portion of administrative costs for the
transportation services to the described peoples during a 12 month period;
Interlocal- Tarrant County Transportation Services Section 5310 program — City of Kennedale and The T — Page 1 j
The parties pursuant to City of Kennedale action and Fort Worth Transportation
Authority action agrees as follows:
1. This program is called Tarrant County Transportation Services (TCTS). This
transportation is provided for a variety of purposes such as medical appointments,
shopping or recreation.
2. Each party represents to the other that the delegated costs of the project under the
Agreement, as well as any payments made by it pursuant to this Agreement, will be made
from current revenues and/or specified grant funds. Further, each Party warrants and
represents to the other party that each Party has been authorized by it respective
governing body to do so. Each party further represents and warrants to the other Party
that any renewal of, deletion, or change to this Agreement will be in writing and
authorized by its respective governing body.
3. The Fort Worth Transportation Authority will administer transportation services to the
citizens of the City of Kennedale under the program known as Tarrant County
Transportation Services from January 1, 2010 through December 31, 2010.
4. The Fort Worth Transportation Authority will administer demand responsive
transportation services for the seniors and persons with disabilities of Kennedale
according to the federal requirements of the Section 5310 grant and according to the
relevant State of Texas statutes.
5. The City of Kennedale will pay the authorized amount to the Fort Worth Transportation
Authority within 30 days of receipt of invoice.
6. Fort Worth Transportation Authority will provide access upon request to the Section
5310 records to the City of Kennedale.
7. Parties will comply with all applicable State of Texas and federal statutes and regulations
as required by their status as a federal grantee and transit authority of the State of Texas,
and federal grantee and municipality of the State of Texas, respectively.
8. The term of this agreement will begin January 1, 2010 and end December 31, 2010.
9. The City of Kennedale will be considered a participating community and the qualifying
residents of Kennedale will be entitled to ride TCTS for a one -way trip fare of $2.50.
Interlocal- Tarrant County Transportation Services Section 5310 program — City of Kennedale and The T — Page 2
.400
CITY OF KENNEDALE, TEXAS
By:
Mayor
ATTEST:
FORT WORTH
TRANSPORTATION AUTHORITY:
Richard L. Ruddell
President/Executive Director
APPROVED AS TO FORM: APPROVED AS TO FORM:
City Attorney
City of Kennedale, Texas
Sylvia Hartless
General Counsel
Fort Worth Transportation Authority
J
Interlocal- Tarrant County Transportation Services Section 5310 program — City of Kennedale and The T — Page 3 4
Staff Report
To the Mayor and Council Members
Date: February 11, 2010
Agenda Item No: XI-E.
Subject: Review and consider action to approve a contract with the economic development
Corporation providing for the transfer of proceeds from the sale of certificate of obligation for
development of the Kennedale TownCenter.
Originated by: Bob Hart
Summary: In order to obtain cost effective financing for the Kennedale TownCenter, the City
sold Certificates Of Obligation. An agreement is needed in order to transfer the proceeds of
`'' the certificates of obligation to the Economic Development Corporation. These funds are
restricted to the public components of the TownCenter project. EDC funds will be used for the
private activity components. This agreement is necessary so the city can transfer funds to the
EDC. City Council and the EDC earlier entered into a contract providing for the EDC to pay
for the certificates of obligation debt service. Therefore, this agreement is a "housekeeping
measure" but is necessary in order to authorize the transfer of funds from one entity to
another. The EDC will consider this agreement at their February 16 meeting.
Recommendations: Staff recommends authorizing the mayor to execute the agreement.
Legal counsel is finalizing contact, and
once completed it will beforwarded.
Staff Report
To the Honorable Mayor and City Council
Date: February 5, 2010
Agenda Item No: XI -F
Subject: Approval of Resolution No. 314, calling for a General Election to be held May
8, 2010, approving a joint contract with Tarrant County Elections
Administrator to administer the election, and establishing procedures for
such election.
Originated by: Kathy Turner, City Secretary
Summary: Attached for council consideration is a resolution and draft contract with
Tarrant County Elections Administrator to administer the city's general
election to be held May 8, 2010. During this election qualified voters will be
electing a Mayor and Council Places 2 and 4.
A revised resolution and contract will be brought back before council
detailing additional early voting locations and cost estimates along with
deposit of funds after filing deadlines have commenced (March 8, 2010 for
filing ballot applications; March 15, 2010 for write -in candidacy).
Recommendation: Recommend approval.
RESOLUTION NO. 314
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENNEDALE,
TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 8,
2010; APPROVING A JOINT CONTRACT WITH TARRANT COUNTY
ELECTIONS ADMINISTRATOR TO ADMINISTER THE ELECTION; AND
ESTABLISHING PROCEDURES FOR THAT ELECTION; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas, (the "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 regular election for City Council of the City of Kennedale is required to be
held on May 8, 2010, at which time the voters will elect persons to fill the Office of Mayor, and City
Council Places 2, and 4; and
WHEREAS, the election will be held as a joint election, conducted under the authority of
Chapter 217 of the Texas Election Code; and
WHEREAS, by this Resolution, it is the intention of the City Council to designate a polling
place for the election, to appoint the necessary election officers to establish and set forth procedures for
conducting the election, and authorize the Mayor to execute a contract with Tarrant County for
conducting the election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, THAT:
Section 1. General Election Called. An election is hereby called to elect a Mayor and City Council
Places 2, and 4 to serve from May of 2010 until May of 2012 or until their successors are duly elected and
qualified. The election shall be held on May 8, 2010 between the hours of 7:00 a.m. and 7:00 p.m., at the
Kennedale Community Center, 316 W. 3` Street, Kennedale, Texas 76060.
Section 2. Joint Election Agreement Approved. The Joint Election Agreement for Tarrant County and
the City of Kennedale (the "Agreement ") attached hereto as Exhibit "A" and incorporated herein for all
purposes is hereby approved and the Mayor is authorized to execute the Agreement. In the event of
conflict between this resolution and the Agreement, the Agreement shall control.
Section 3. Application for Place on Ballot. Qualified persons may file as candidates by filing
applications in the office of the City Secretary from 8:00 a.m. to 5:00 p.m., Monday through Friday, from
February 8, 2010 through March 8, 2010.
Section 4. Early Voting.
a. Early voting by personal appearance. Early voting by personal appearance shall be
conducted beginning on April 26, 2010 and continuing through May 4, 2010 in Kennedale at the
Kennedale Community Center, 316 W. 3` Street, Kennedale, Texas 76060 at the following times:
Monday, April 26, 2010 8:00 a.m. — 5:00 p.m.
Tuesday, April 27, 2010 8:00 a.m. — 5:00 p.m.
i
Page 1 of 3
Wednesday, April 28, 2010
Thursday, April 29, 2010
Friday, April 30, 2010
Saturday, May 1, 2010
Sunday, May 2, 2010
Monday, May 3, 2010
Tuesday, May 4, 2010
8:00 a.m. — 5:00 p.m.
8:00 a.m. — 5:00 p.m.
8:00 a.m. — 5:00 p.m.
7:00 a.m. — 7:00 p.m.
11:00 a.m. — 4:00 p.m.
7:00 a.m. — 7:00 p.m.
7:00 a.m. — 7:00 p.m.
Additional early voting will be conducted at locations throughout Tarrant County as established
by the Agreement. This Resolution will be amended at a later date to include early voting sites added due
to the joint elections conducted with other subdivisions pursuant to the Agreement. If there is any
discrepancy between this resolution and the Agreement as to early voting locations or times, the
Agreement shall control.
b. Early voting by mail. Steve Rabom, the Tarrant County Election Administrator
( "Election Administrator ") is hereby designated as Early Voting Clerk for the general election.
Applications for early voting by mail may be delivered to the Election Administrator at the following
address: Early Voting Clerk, P.O. Box 961011, Fort Worth, Texas 76161 -0011, not earlier than March 9,
2010 and not later than close of business on April 23, 2010, if delivered in person, and April 30, 2010, if
delivered by mail. Early voting by ballots shall be mailed to the Elections Administrator at the same
address.
C. Early Voting Ballot Board. Early voting, both by personal appearance and by mail,
shall be canvassed by the Early Voting Ballot Board established by Tarrant County under the terms of the
Agreement.
Section 5. Appointment of Election Judge and Alternate Election Judge. The Presiding
Election Judge and Alternate Presiding Judge shall be appointed by Tarrant County as authorized by
Chapter 271 of the Code.
Section 6. Method of Voting. The Hart InterCivic eSlate (Direct Recording Electronic Voting
System) shall be used for voting by personal appearance and on election day the Hart InterCivic eSlate
(Direct Recording Electronic Voting System) and Hart InterCivic eScan (Optical Scan Voting System)
shall be used. The City Council hereby adopts the Hart InterCivic eSlate DRE for early voting and the
Hart InterCivic eSlate DRE and Hart InterCivic eScan for election day. All expenditures necessary for
the conduct of the election, the purchase of materials therefore, and the employment of all election
officials are hereby authorized, and shall be conducted in accordance with the Election Code.
Section. 7. Governing Law and Qualified Voters. The election shall be held in accordance with
the Constitution of the State of Texas and the Code, and all resident qualified voters of the City shall be
eligible to vote at the election.
Section 8. Publication and Posting of Notice of Election. Notice of the election shall be given as
required by Chapter 4 of the Code.
Section 9. Submissions to the United States Justice Department. Tarrant County is authorized to
make such submissions as are necessary to the United States Justice Department to seek pre - clearance for
any changes in voting practices as authorized by the Voting Rights Act of 1965, as amended.
Section 10. Necessary Actions. The Mayor and the City Secretary of the City, in consultation with
the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with
Page 2 of 3
the provisions of the Code in carrying out and conducting the election, whether or not expressly
authorized herein. 4
Section 11. Runoff Election. Should a runoff election be required following the canvass of the May
8, 2010 election, the Council hereby orders that a runoff election be held on Saturday, June 12, 2010. The
polling place on Election Day for the runoff election shall be at the same polling places as those of the
original election and the hours of voting shall be between 7:00 a.m. and 7:00 p.m.
Section 12. Effective Date. This resolution shall be effective upon its adoption.
PASSED AND APPROVED this 11 day of February, 2010.
Mayor, Bryan Lankhorst
ATTEST:
Kathy Turner, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Wayne K. Olson, City Attorney
Page 3 of 3
DRAFT DRAFT DRAFT
THE STATE OF TEXAS
COUNTY OF TARRANT
JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES
THIS CONTRACT for election services is made by and between the Tarrant County Elections Administrator and
the following political subdivisions located entirely or partially inside the boundaries of Tarrant County:
City of Arlington
City of Bedford
City of Benbrook
City of Blue Mound
City of Colleyville
City of Crowley
Town of Edgecliff Village
City of Euless
City of Everman
City of Forest Hill
City of Fort Worth
City of Grand Prairie
City of Haltom City
City of Lake Worth
Town of Lakeside
City of Mansfield
Town of Pantego
City of Pelican Bay
City of Richland Hills
City of River Oaks
City of Saginaw
City of Southlake
City of Watauga
Town of Westlake
City of Westworth Village
City of White Settlement
Arlington Independent School District
Azle Independent School District
Carroll Independent School District
Castleberry Independent School District
Crowley Independent School District
Eagle Mountain - Saginaw Independent School District
Everman Independent School District
Grapevine - Colleyville Independent School District
Keller Independent School District
Mansfield Independent School District
Northwest Independent School District
White Settlement Independent School District
This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas Education Code
Section 11.0581 for a joint May 9, 2009 election to be administered by Steve Raborn, Tarrant County Elections
Administrator, hereinafter referred to as "Elections Administrator."
RECITALS
Each participating authority listed above plans to hold a general and /or special election on May 8, 7010.
The County owns an electronic voting system, the Hart InterCivic eSlate /eScan Voting System (Version 6.1),
which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is
compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.012.
The contracting political subdivisions desire to use the County's electronic voting system and to compensate the County
for such use and to share in certain other expenses connected with joint elections in accordance with the applicable
provisions of Chapters 31 and 271 of the Texas Election Code, as amended.
NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS
AGREED as follows:
I. ADMINISTRATION
The parties agree to hold a "Joint Election" with each other in accordance with Chapter 271 of the Texas Election
` Code and this agreement. The Tarrant County Elections Administrator shall coordinate, supervise, and handle all aspects
of administering the Joint Election as provided in this agreement. Each participating authority agrees to pay the Tarrant
Page 1 of 10
County Elections Administrator for equipment, supplies, services, and administrative costs as provided in this agreement.
The Tarrant County Elections Administrator shall serve as the administrator for the Joint Election; however, each
participating authority shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct
of its election. The Elections Administrator shall provide advisory services in connection with decisions to be made and
actions to be taken by the officers of each participating authority as necessary.
It is understood that other political subdivisions may wish to participate in the use of the County's electronic voting
system and polling places, and it is agreed that the Elections Administrator may enter into other contracts for election
services for those purposes on terms and conditions generally similar to those set forth in this contract. In such cases,
costs shall be pro -rated among the participants according to Section XI of this contract.
At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The
participating parties shall share a mutual ballot in those polling places where jurisdictions overlap. However, in no instance
shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is
ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap.
II. LEGAL DOCUMENTS
Each participating authority shall be responsible for the preparation, adoption, and publication of all required
election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and /or the
participating authority's governing body, charter, or ordinances.
Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each
participating authority, including translation to languages other than English. Each participating authority shall provide a
copy of their respective election orders and notices to the Tarrant County Elections Administrator.
The Elections Administrator shall prepare a submission, on behalf of all participating authorities, to the United
States Department of Justice for preclearance of the joint election procedures and polling places, pursuant to the Voting
Rights Act of 1965, as amended. The Elections Administrator will provide to each participating authority a photocopy of
the joint submission and any correspondence from the Department of Justice.
The joint submission prepared by the Elections Administrator will not include submission of information for any
special elections held by the participating authorities. Participating authorities are hereby notified and encouraged to
prepare their own submissions to the United States Department of Justice for special election procedures, or any changes
that are specific to their own political subdivision.
By signing this agreement, each participating authority certifies that it has no unresolved preclearance or
voting rights issues known to it that would preclude or delay Department of Justice preclearance of the joint
election.
The Elections Administrator will file an amended submission to the United States Department of Justice in the
event that any polling places are changed after the original submission is filed, including changes resulting from the
withdrawal of one or more participating authorities pursuant to Section XII of this contract.
III. VOTING LOCATIONS
The Elections Administrator shall select and arrange for the use of and payment for all election day voting
locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections
conducted by each participating city, and shall be compliant with the accessibility requirements established by Election
Code Section 43.034 and the Americans with Disabilities Act (ADA). The proposed voting locations are listed in
Attachment A of this agreement. In the event that a voting location is not available or appropriate, the Elections
Administrator will arrange for use of an alternate location with the approval of the affected participating authorities. The
Elections Administrator shall notify the participating authorities of any changes from the locations listed in Attachment A,
Page 2 of 10
,"
If polling places for the May 9, 2009 joint election are different from the polling place(s) used by a participating
authority in its most recent election, the authority agrees to post a notice no later than May 8, 2009 at the entrance to any
previous polling places in the jurisdiction stating that the polling location has changed and stating the political subdivision's
polling place names and addresses in effect for the May 9, 2009 election. This notice shall be written in both the English
and Spanish languages.
IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL
Tarrant County shall be responsible for the appointment of the presiding judge and alternate judge for each polling
location. The Elections Administrator shall make emergency appointments of election officials if necessary.
Upon request by the Elections Administrator, each participating authority agrees to assist in recruiting polling place
officials who are bilingual (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of 1965,
as amended, each polling place containing more than 5% Hispanic population as determined by the 2000 Census shall
have one or more election official who is fluent in both the English and Spanish languages. If a presiding judge is not
bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for the
polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the participating authority
or authorities served by that polling place shall be responsible for recruiting a bilingual worker for translation services at
that polling place.
The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of
Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for
the Joint Election are eligible to serve.
Ikew The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The
Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election
supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying him of his
appointment, the time and location of training and distribution of election supplies, and the number of election clerks that
the presiding judge may appoint.
Each election judge and clerk will receive compensation at the hourly rate established by Tarrant County pursuant
to Texas Election Code Section 32.091. The election judge will receive an additional sum of $25.00 for picking up the
election supplies prior to election day and for returning the supplies and equipment to the central counting station after the
polls close.
Election judges and clerks who attend voting equipment training and /or procedures training shall be compensated
at the same hourly rate that they are to be paid on election day.
The Elections Administrator may employ other personnel necessary for the proper administration of the election,
including such part -time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during
early voting and on election day, and for the efficient tabulation of ballots at the central counting station. Part -time
personnel working as members of the Early Voting Ballot Board and /or central counting station on election night will be
compensated at the hourly rate set by Tarrant County in accordance with Election Code Sections 87.005, 127.004, and
127.006.
V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT
The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited
to, official ballots, sample ballots, voter registration lists, and all forms, signs, maps and other materials used by the
election judges at the voting locations. The Elections Administrator shall ensure availability of tables and chairs at each
polling place and shall procure rented tables and chairs for those polling places that do not have tables and /or chairs.
rw.11
Page 3 of 10
At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The
participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance
shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is
ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap.
The Elections Administrator shall provide the necessary voter registration information, maps, instructions, and other
information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a
proper election.
Each participating authority shall furnish the Elections Administrator a list of candidates and /or propositions
showing the order and the exact manner in which the candidate names and /or proposition(s) are to appear on the official
ballot (including titles and text in each language in which the authority's ballot is to be printed). Each participating authority
shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority's candidates and /or
propositions.
The joint election ballots that contain ballot content for more than one joint participant because of overlapping
territory shall be arranged in the following order: Independent School District, City, Water District(s), College District, and
other political subdivisions.
Early Voting by Personal Appearance shall be conducted exclusively on Tarrant County's eSlate electronic voting
system. On election day, voters shall have a choice between voting on the eSlate electronic voting system or by a paper
ballot that is scanned at the polling place using Tarrant County's eScan voting system. Provisional ballots cast on election
day will be cast only on the eSlate electronic voting system to prevent the possibility of paper provisional ballots from being
immediately counted via the eScan ballot scanner.
Due to current limitations of the county's eScan ballot scanners, it is necessary that in the event ballot content for a
particular participating authority or joint election ballot style is too lengthy to fit on a one page paper ballot, all election day
voting for that particular authority or ballot style must be held on the county's eSlate voting system.
The number of paper ballots printed for election day voting shall be, at a minimum, equal to the same election day
turnout as in the last comparable election plus 25 percent of that number, with the final number of ballots ordered per
polling place or precinct adjusted upward to end in a number divisible by 50.
The Elections Administrator shall be responsible for the preparation, testing, and delivery of the voting equipment
for the election as required by the Election Code.
VI. EARLY VOTING
The participating authorities agree to conduct joint early voting and to appoint the Election Administrator as the
Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each participating
authority agrees to appoint the Elections Administrator's permanent county employees as deputy early voting clerks. The
participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to assist
in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at
an hourly rate set by Tarrant County pursuant to Section 83.052 of the Texas Election Code. Deputy early voting clerks
who are permanent employees of the Tarrant County Elections Administrator or any participating authority shall serve in
that capacity without additional compensation.
Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment "B" of this
document. Any qualified voter of the Joint Election may vote early by personal appearance at any of the joint early voting
locations.
As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by
mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted
by mail received by the participating authorities shall be forwarded immediately by fax or courier to the Elections
Administrator for processing.
Page 4 of 10
The Elections Administrator shall provide each participating authority a copy of the early voting report on a daily
basis and a cumulative final early voting report following the election. In accordance with Section 87.121(g) of the Election
Code, the daily reports showing the previous day's early voting activity will be distributed to each participating authority no
later than 8:00 AM each business day.
VII. EARLY VOTING BALLOT BOARD
Tarrant County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint
Election. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional
members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to
efficiently process the early voting ballots.
VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS
The Elections Administrator shall be responsible for establishing and operating the central and remote counting
stations to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this
agreement.
The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas
Election Code, appoint the following central counting station officials:
Counting Station Manager: Steve Raborn, Tarrant County Elections Administrator
Tabulation Supervisor: Stephen Vickers, Tarrant County Elections Technology Coordinator
Presiding Judge: Jeanne Lyons
*%EW Alternate Judge: Bobbie Cornelison
The counting station manager or his representative shall deliver timely cumulative reports of the election results as
precincts report to the central and remote counting stations and are tabulated. The manager shall be responsible for
releasing unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press, and
general public by distribution of hard copies at the central counting station and by posting to the Tarrant County web site.
To ensure the accuracy of reported election returns, results printed on the tapes produced by Tarrant County's voting
equipment will not be released to the participating authorities at the remote collection sites or by phone from individual
polling locations.
The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted, and
will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns have been
tabulated. Each participating authority shall be responsible for the official canvass of its respective election(s).
The Elections Administrator will prepare the electronic precinct -by- precinct results reports for uploading to the
Secretary of State as required by Section 67.017 of the Election Code. The Elections Administrator agrees to upload
these reports for each participating authority unless requested otherwise.
The Elections Administrator shall be responsible for conducting the post - election manual recount required by
Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies
of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State's Office.
IX, PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE TARRANT COUNTY
The Elections Administrator agrees to administer the entire City of Crowley election including that portion of the
City of Crowley that is within Johnson County.
Page 5 of 10
The Elections Administrator shall administer only the Tarrant County and Denton County portions of the City of
Fort Worth's election.
The Elections Administrator shall administer only the Tarrant County portion of the City of Grand Prairie's election.
The Elections Administrator agrees to administer the entire City of Mansfield election including that portion of the
City of Mansfield that is within Ellis and Johnson Counties.
The Elections Administrator agrees to administer the entire City of Southlake election including that portion of the
City of Southlake that is within Denton County.
The Elections Administrator agrees to administer the entire Town of Westlake election including that portion of the
Town of Westlake that is within Denton County.
The Elections Administrator agrees to administer the entire Azle ISD election including that portion of Azle ISD that
is within Parker and Wise Counties.
The Elections Administrator agrees to administer the entire Crowley ISD election including that portion of Crowley
ISD that is within Johnson County.
The Elections Administrator agrees to administer the entire Mansfield ISD election including that portion of
Mansfield ISD that is within Johnson County.
The Elections Administrator shall administer the Tarrant County portion of Northwest ISD's election as well as the
Denton County portion of the District that is within the City of Fort Worth.
X. RUNOFF ELECTIONS
Each participating authority shall have the option of extending the terms of this agreement through its runoff
election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless
the participating authority notifies the Elections Administrator in writing within 3 business days of the original election.
Each participating authority shall reserve the right to reduce the number of early voting locations and /or election
day voting locations in a runoff election. If necessary, any voting changes made by a participating authority between the
original election and the runoff election shall be submitted by the authority making the change to the United States
Department of Justice for the preclearance required by the Federal Voting Rights Act of 1965, as amended.
Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the
May 9, 2009 election and to conduct its drawing for ballot positions at or immediately following such meeting in order to
expedite preparations for its runoff election.
Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if necessary,
shall be Saturday, June 1;201O
XI. ELECTION EXPENSES AND ALLOCATION OF COSTS
The participating authorities agree to share the costs of administering the Joint Election. Allocation of costs,
unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the average
cost per election day polling place (unit cost) as determined by adding together the overall expenses and dividing the
expenses equally among the total number of polling places. Costs for polling places shared by more than one participating
authority shall be pro -rated equally among the participants utilizing that polling place.
The participating authorities agree that for billing purposes, each election day polling place will be evaluated as to 1.0
the number of full- time - equivalent (FTE) pollworkers employed. Polling places with more than 5 FTE pollworkers will be
Page 6 of 10
considered as one or more additional polling places with each full or partial multiple of 5 FTE pollworkers constituting an
additional polling place for purposes of determining the average cost formula in the preceding paragraph.
If a participating authority's election is conducted at more than one election day polling place, there shall be no
charges or fees allocated to the participating authority for the cost of election day polling places in which the authority has
fewer than 50% of the total registered voters served by that polling place, except that if the number of registered voters in
all of the authority's polling places is less than the 50% threshold, the participating authority shall pay a pro -rata share of
the costs associated with the polling place where it has the greatest number of registered voters.
Costs for Early Voting by Personal Appearance shall be allocated based upon the actual costs associated with
each early voting site. Each participating authority shall be responsible for a pro -rata portion of the actual costs associated
with the early voting sites located within their jurisdiction. Participating authorities that do not have a regular (non -
temporary) early voting site within their jurisdiction shall pay a pro -rata portion of the nearest regular early voting site.
Costs for Early Voting by Mail shall be allocated according to the actual number of ballots mailed to each
participating authority's voters.
Each participating authority agrees to pay the Tarrant County Elections Administrator an administrative fee equal
to ten percent (10 %) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code.
The Tarrant County Elections Administrator shall deposit all funds payable under this contract into the appropriate
fund(s) within the county treasury in accordance with Election Code Section 31.100.
XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION
�. Any participating authority may withdraw from this agreement and the Joint Election should it cancel its election in
accordance with Sections 2.051 - 2.053 of the Texas Election Code. The withdrawing authority is fully liable for any
expenses incurred by the Tarrant County Elections Administrator on behalf of the authority plus an administrative fee of ten
percent (10 %) of such expenses. Any monies deposited with the Elections Administrator by the withdrawing authority shall
be refunded, minus the aforementioned expenses and administrative fee if applicable.
It is agreed that any of the joint election early voting sites that are not within the boundaries of one or more of the
remaining participating authorities, with the exception of the early voting site located at the Tarrant County Elections
Center, may be dropped from the joint election unless one or more of the remaining participating authorities agree to fully
fund such site(s). In the event that any early voting site is eliminated under this section, an addendum to the contract shall
be provided to the remaining participants within five days after notification of all intents to withdraw have been received by
the Elections Administrator.
XIII. RECORDS OF THE ELECTION
The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint
Election as authorized by Section 271.010 of the Texas Election Code.
Access to the election records shall be available to each participating authority as well as to the public in
accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election
records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county
records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records
are clearly identifiable and retrievable.
Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of
the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or
open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment,
whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the Elections
Page 7of10
Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed
with the participating authority.
XIV. RECOUNTS
A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the
presiding officer of the contracting participating authority agrees that any recount shall take place at the offices of the
Elections Horninistrator, and that the Elections Administrator shall serve as Recount Supervisor and the participating
authority's official or employee who performs the duties of a secretary under the Texas Election Code shall serve as
Recount Coordinator.
The Elections Administrator agrees to provide advisory services to each participating authority as necessary to
conduct a proper recount.
XV. MISCELLANEOUS PROVISIONS
1. It is understood that to the extent space is available, other districts and political subdivisions may wish to
participate in the use of the County's election equipment and voting places, and it is agreed that the
Elections Administrator may contract with such other districts or political subdivisions for such purposes
and that in such event there may be an adjustment of the pro -rata share to be paid to the County by the
participating authorities.
2. The Elections Administrator shall file copies of this document with the Tarrant County Judge and the
Tarrant County Auditor in accordance with Section 31.099 of the Texas Election Code.
3. Nothing in this contract prevents any party from taking appropriate legal action against any other party
and /or other election personnel for a breach of this contract or a violation of the Texas Election Code.
4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all
obligations of the parties created hereunder are performable in Tarrant County, Texas.
5. In the event that one of more of the provisions contained in this Agreement shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not
affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local
governments, and any other entities with local jurisdiction.
7. The waiver by any party of a breach of any provision of this agreement shall not operate as or be
construed as a waiver of any subsequent breach.
8. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto.
XVI. COST ESTIMATES AND DEPOSIT OF FUNDS
The total estimated obligation for each participating authority under the terms of this agreement is listed below.
Each participating authority agrees to pay the Tarrant County Elections Administrator a deposit of approximately 75% of
this estimated obligation no later than 15 days after execution of this agreement. The exact amount of each participating
authority's obligation under the terms of this agreement shall be calculated after the May 9, 2009 election (or runoff
election, if applicable), and if the amount of an authority's total obligation exceeds the amount deposited, the authority shall
pay to the Elections Administrator the balance due within 30 days after the receipt of the final invoice from the Elections
Page 8 of 10
N 400W
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Administrator. However, if the amount of the authority's total obligation is less than the amount deposited, the Elections
Administrator shall refund to the authority the excess amount paid within 30 days after the final costs are calculated.
The total estimated obligation and required deposit for each participating authority under the terms of this agreement shall
be as follows:
Page 9 of 10
Actual #
Billed #
Estimated
Deposit
Political Subdivision
Polls
Polls
Cost
Due
City of Arlington
27
13.5
$55,316
$41,500
City of Bedford
1
1
$12,575
$9,500
City of Benbrook
3
3
$14,180
$10,700
City of Blue Mound
1
0.5
$4,528
$3,400
City of Colle ville
1
0.5
$4,954
$3,800
City of Crowley
1
0.5
$4,244
$3,200
Town of Ed ecliff Village
1
0.5
$5,742
$4,400
City of Euless
2
1.5
$11,450
$8,600
City of Everman
1
0.5
$3,300
$2,500
City of Forest Hill
1
1
$12,621
$9,500
City of Fort Worth
132
122.5
$418,877
$314,200
City of Grand Prairie
4
2
$8,008
$6,100
City of Haltom City
2
2
$10,930
$8,200
City of Haslet
1
1
$5,695
$4,300
Town of Lakeside
1
0.5
$3,305
$2,500
City of Lake Worth
1
1
$10,568
$8,000
City of Mansfield
3
1.5
$7,758
$5,900
Town of Pante o
1
0.5
$4,068
$3,100
City of Pelican Bay
1
0.5
$3,223
$2,500
City of Richland Hills
1
1
•$8,159
$6,200
City of River Oaks
1
0.5
$4,042
$3,100
City of Saginaw
1
0.5
$4,856
$3,700
City of Southlake
1
0.5
$4,613
$3,500
City of Watauga
1
1
$5,424
$4,100
Town of Westlake
1
1
$7,015
$5,300
City of Westworth Village
1
1
$4,532
$3,400
City of White Settlement
1
0.5
$3,292
$2,500
Arlington ISD
32
14.5
$57,729
$43,300
Azle ISD
7
3
$9,505
$7,200
Carroll ISD
5
0.5
$6,058
$4,600
Castleberry ISD
4
2
$7,872
$6,000
Crowley ISD
15
3.5
$16,103
$12,100
Eagle Mountain -Sa niaw ISD
11
3.5
$13,810
$10,400
Everman ISD
7
1.5
$5,890
$4,500
Gra evine -Colle ville ISD
6
2
$14,715
$11,100
Keller ISD
16
5.5
$24,382
$18,300
Mansfield ISD
12
5
$19,967
$15,000
Northwest ISD
11
3
$16,512
$12,400
White Settlement ISD
9
1
$4,642
$3,500
TOTALS
1 205
$840,459
$632,100
Page 9 of 10
XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL
IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as follows, to -wit:
(1) It has on the day of , 2009 been executed by the Tarrant County Elections
Administrator pursuant to the Texas Election Code so authorizing;
(2) It has on the day of , 2009 been executed on behalf of the REPLACE WITH
NAME OF POLITICAL SUBDIVISION HERE pursuant to an action of the REPLACE WITH NAME OF
POLITICAL SUBDIVISION'S GOVERNING AUTHORITY HERE so authorizing;
ACCEPTED AND AGREED TO BY THE TARRANT COUNTY ELECTIONS ADMINISTOR:
APPROVED:
STEVE RABORN
ACCEPTED AND AGREED TO BY THE REPLACE WITH NAME OF POLITICAL SUBDIVISION HERE:
APPROVED:
ATTEST:
TITLE OF PRESIDING OFFICER TITLE OF PERSON ACTING AS SECRETARY
Page 10 of 10
DRAFT - EARLY VOTING FOR MAY 8, 2010
(VOTACION ADELANTADA DE 8 DE MAYO DE 2010)
JOINT - GENERAL AND SPECIAL ELECTIONS
(ELECCIONES GENERALES Y ESPECIALES CONJUNTAS)
EARLY VOTING BY PERSONAL APPEARANCE DAYS AND HOURS
(DIAS Y HORAS DE VOTACION TEMPRANO POR APARICION PERSONAL)
April (Abril) 26 -30 Monday - Friday (tunes- Viernes) 8:00 a.m. - 5:00 P.M.
May (Maya) 1 Saturday (sabodo) 7:00 a.m. - 7:00 p.m.
May (Ma 2 Sunday (Domingo) 11:00 a.m. - 4:00 p.m.
May (Ma 3 - 4 Monday - Tuesday (Lanes - Mortes) 7:00 a.m. 7:00 p.m.
SEE LIST OF LOCATIONS ON BACK
(VER LA LISTA DE CASETAS AL REVERSO)
EARLY VOTING BY MAIL
(vomctON TEMPRANO POR CORREO)
TO RECEIVE A BALLOT APPLICATION OR FOR MORE INFORMATION CALL
TARRANT COUNTY ELECTIONS ADMINISTRATION: 817 -831 -8683
(PARA RECIBIR UNA SOLICITUD PARA BOLETA O MAS INFORMACION LLAMAR
AL ADMINISTRADOR DE ELECCIONES DEL CONDADO DE TARRANT. 817 - 831 -8683)
Applications for a ballot by mail must be submitted between March 9, 2010 and April 30, 2010
with one of .the following requirements: (Solicitudes pars una boleta por correo pueden ser sometidos durante el 9 de
Marzo de 2010, y 30 de Abril de 2010, con uno de los siguientes requisitos:)
1. Age of voter is 65 or over on Election Day. IEdad del votante es 65o mas el Dia de Elecci6n.)
2, Voter is disabled .(Votanteest6incapacrfado.)
For #1 or #2, the ballot must be mailed to the voter registration residence address /mailing
address or to a hospital, nursing home /long -term care facility, retirement center or address of a
relative. The relationship of the relative must be.indicated. (Para #1 a #21a boleta debe ser enviada a la
direcci6n residencial /direcci6n de correo de registro de votante o a un hospital, clinica para convolecientes o ancianos /facilidad de cuidado
de termino largo. Centro de jubiloci6n o direcci6n de un pariente. Debe indicar el parentesco del pariente.)
3. Voter is confined in jail -ballot must be mailed to the jailor address of a relative.
The relationship of the relative must be indicated. ( Votanteestaencarcelado- boleta debe ser enviadaatocarcelo
a la direcci6n de un pariente. Debe indicar el parentesco del pariente.)
4. Voter expects to be out of the county on Election Day and during the regular hours
for conducting early voting - ballot must be mailed to an address outside the county. (Votante
espera estar afuera del condado el Dia de Elecci6n y durante IDS horns regulares de conducir votaci6n temprano - boleta debe ser enviodo a
Una direcci6n afuera del condado.)
Applications must be received at the following address
NO LATER THAN FRIDAY, APRIL 30, 2010
(Las solicitudes deben ser recibidas a la direcci6n siauiente NO MAS TARDAR DEL VIERNES, 30 de ABRIL de 2010)
STEVE RABORN, EARLY VOTING CLERK
(Secretario De Votaci6n Adelontada, Steve Raborn)
PO BOX 961011
FORT WORTH, TEXAS 76161 -0011
FOR VOTERS WITH ONSET OF AN ILLNESS ON OR AFTER APRIL 29, 2010, EMERGENCY BALLOT APPLICATIONS MUST BE RETURNED NO LATER THAN S PM.
ELECTION DAY, AT THE ELECTIONS CENTER, 2700 PREMIER STREET, FORT WORTH, TX 76111 (SEC. 102.001. TEXAS ELECTION CODE.) (PARA
VOTANTES CON PRINCIPIOS DE UNA ENFERMEDAD EN O DESPUES DEL 29 DE AMAL DE 2010, SOLICITUDES PARA BOLETA DE EMERGENCIA DEBEN SER REGRESADAS NO MAS
TARDAR DE LAs 5 PM, EL DIA DE ELECCION, EN EL CENTRO DE ELECCIONu 2700 PREMIER ST., FORT WO RTH, TX 761 I I (SEC. 102.001. CODIGO DE ELECCOON DE TEJAS.)
Rmsed 1112/2010 3 42 19 PM
Staff Report
To the Honorable Mayor and City Council
Date: February 11, 2010
Agenda Item No: XI -G
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 n�X 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.
In our efforts to institute best practice methods, the City recently transitioned from a personal desktop
printing environment to that of multi - functioning printers (MPFs). This is projected to reduce costs in
terms of print cartridges, toner, other related supplies and IT maintenance /troubleshooting hours. As a
result of this effort, numerous desktop printers were collected by the Finance Department, and employees
were given an opportunity to purchase printers at a reduced price. Given the remaining unsold desktop
printers, City staff recommends that these items be taken to a specific outside organization that specializes
in the sale of these types of surplus materials. We have utilized this company in the past, and we are
hopeful that the City will see a slight return on the sale of these items, many of which are fairly old.
Recommended Motion: Staff recommends approval.
Disposition by Council:
RESOLUTION NO. 315
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
property, 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.
.0/
Section 2. That all items described in the attached Exhibit "A" are hereby declared
surplus and /or salvage. 'MW
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 11 th day of February 2010.
APPROVED:
Mayor, Bryan Lankhorst
ATTEST:
Kathy Turner, City Secretary
lwme
02 -11 -10
SURPLUS & SALVAGE LIST
EQUIPMENT DESCRIPTION
OPERATIONAL
MODEL
SERIAL /VIN NUMBER
QUANTITY
DEPT
ACTION
BROTHER FAX
YES
2820
N/A
1
COURT
AUCTION
BROTHER FAX
YES
INTELLIFAX 1270E
N/A
1
POLICE
AUCTION
CANON PRINTER
YES
PIXMA IP4200
N/A
1
CITY MANAGER
AUCTION
CANON PRINTER
YES
MP730
N/A
1
FINANCE
AUCTION
CANON PRINTER
YES
MP730
N/A
1
WATER
AUCTION
DELL PRINTER
YES
PHOTO 924
N/A
1
UTILITY BILLING
AUCTION
EPSON PRINTER
YES
PHOTO R220
N/A
1
FIRE
AUCTION
EPSON RPINTER
YES
STYLUS COLOR 880
N/A
1
FINANCE
AUCTION
HEWLETT PACKARD F /C /S
YES
OJ K60 XI
N/A
1
CITY MANAGER
AUCTION
HEWLETT PACKARD P /F /S /C
YES
OJT45
N/A
1
FIRE
AUCTION
HEWLETT PACKARD PRINTER
YES
LASERJET P1505
N/A
1
FINANCE
AUCTION
HEWLETT PACKARD PRINTER
YES
LASERJET 1300
N/A
1
FIRE
AUCTION
HEWLETT PACKARD PRINTER
YES
DESKIET 6310
N/A
1
PLANNING
AUCTION
HEWLETT PACKARD PRINTER
YES
C LASERJET 2605DN
N/A
1
POLICE
AUCTION
HEWLETT PACKARD PRINTER
YES
LASERJET 1020
N/A
1
POLICE
AUCTION
HEWLETT PACKARD PRINTER
YES
C4100
N/A
1
STREETS /PARKS
AUCTION
HEWLETT PACKARD PRINTER
YES
DESKJET 932C
N/A
1
UTILITY BILLING
AUCTION
HEWLETT PACKARD PRINTER
YES
882C
N/A
1
UTILITY BILLING
AUCTION
XEROX SCANNER
YES
DOCUMATE 510
N/A
1
POLICE
AUCTION
XEROX SCANNER
YES
DOCUMATE 510
N/A
1
POLICE
AUCTION
CANON PRINTER
YES
MP730
N/A
1
CITY MANAGER
SOLD (ELDERS)
EPSON PRINTER
YES
STYLUSCX4800
N/A
1
PLANNING
SOLD (GREENWOOD)
HEWLETT PACKARD PRINTER
YES
OJ PRO 8500
N/A
1
CITY MANAGER
SOLD (BOZORGNIA)
HEWLETT PACKARD PRINTER
YES
DESKJET 930C
N/A
1
POLICE
SOLD (GARCIA)
HEWLETT PACKARD PRINTER
YES I
LASERJET 4610N I
N/A I
1 I
POLICE
SOLD (GOODE)
HEWLETT PACKARD PRINTER
YES
DESKJET 6940
N/A
1
COURT
SOLD (N WELL)
HEWLETT PACKARD PRINTER
YES
DESKJET 6940
N/A
1
CITY MANAGER
SOLD (SEGOVIA)
XEROX SCANNER
YES I
DOCUMATE 510
N/A
1
POLICE
SOLD(
1/1
StaffReport
To the Honorable Mayor and City Council
Date: February 11, 2009
Agenda Item No: XI -H
Subject: APPROVAL OF JPMORGAN CHASE BANK RESOLUTION AUTHORIZING
CITY OF KENNEDALE PARTICIPATION IN STATE OF TEXAS CHARGE
CARD PROGRAM
Originated by: Sakura Moten - Dedrick
Summary:
The City of Kennedale Purchasing Policy allows the City to utilize cooperative purchasing programs with
the approval of City Council. Furthermore, city purchases made through an approved Cooperative
Purchasing Program satisfy state law competitive bid requirements and any internal quote process.
Currently, only select staff members have and utilize credit cards for regular purchases and travel through
American Express and Wells Fargo Financial, which were established as independent business corporate
accounts several years back. After further review, the Finance Department made a recommendation to
the City Manager and Department Heads that we move away from the use of credit cards through these
aforementioned vendors and transition to the State of Texas Charge Card Program, and they too were in
favor given previous difficulties and limitations with our current vendors. The State of Texas Charge
Card Program will allow for more flexibility of use, simplified tracking and invoicing, streamlining of
payments, enhanced customer service, and online access to view charges and make changes to
organizational features and settings. In addition, the Program Administrator (Director of Finance) will
have the ability to restrict card usage based on necessity, as well as issue out temporary cards to
employees specifically for travel. Currently, any employee who does not hold a current card, must pay
for all travel expenses upfront and apply for reimbursement upon return.
While City staff is in favor of broadening the use of these cards to other employees, it is our intention to
only provide them to those who have a current and recurring need at the moment. The Finance
Department would like to ensure we have an effective and efficient process with adequate safeguards in
place in terms of administering this program on a smaller scale first.
The State of Texas or Texas Procurement and Support Services (TPASS) secured a contract with
JPMorgan Chase to provide MasterCard corporate travel and procurement charge card services for state
agencies, universities and eligible State of Texas CO -OP entities from June 13, 2003 through August 31,
2010. All program set -up costs, training and software fees are waived for State of Texas and eligible
participating entities. This waiver does not include delinquency or late fee charges to individual cards or
interest applied to central bill accounts in accordance with the Prompt Pay Act.
Recommended Motion: Staff recommends approval.
Disposition by Council:
CERTIFICATE OF RESOLUTIONS
WHEREAS, City of Kennedale, organized under the laws of the State of Texas (the "Customer ") desires to
obtain financial accommodations from JPMorgan Chase Bank, N.A. (the 'Bank ") pursuant to the use of a number of
commercial card account numbers, the related accounts and cards bearing such account numbers (collectively, the
"Cards "); and
WHEREAS, this Customer intends to authorize its employees and agents to use such Cards for and in
connection with corporate business on behalf of this Customer; and
WHEREAS, the Bank will not issue such Cards unless the Customer agrees to obligate itself for the prompt
payment of credit extended pursuant to the use of such Cards, including credit extended pursuant to the use of a
credit card for either purchases or cash advance transactions, whether such use or indebtedness was authorized or
unauthorized by the Customer.
NOW, THEREFORE, be it resolved that the Customer shall apply to the Bank for the issuance of Cards in
the names of such employees and agents of the Customer as may be designated to the Bank;
BE IT FURTHER RESOLVED that the , or of this
Customer, any one of them acting singly, is hereby authorized, directed and empowered, in the name of the
Customer, to execute a Commercial Card Agreement in the form approved by such individual and take such actions
as are contemplated thereby and further confirm any such action which may have been taken prior to the date
hereof;
BE IT FURTHER RESOLVED that the Bank is authorized to act upon these resolutions until written
notice of their revocation is delivered to Bank.
The undersigned certifies that: I am an official of, and authorized to certify on behalf of, the above named
organization, which is duly organized and existing under the laws of the State indicated, ( "Organization); the
preceding is a complete, true and correct copy of certain resolutions of the Organization, which resolutions were
duly adopted and are in conformity with the laws of the State where organized and the organizational documents
( "Resolutions "); and the Resolutions have not been rescinded or modified and are in full force and effect on the date
hereof. I further certify that the specimen signatures appearing below are the signatures of the individuals
authorized to sign for this Customer by virtue of these resolutions.
Specimen Signature Name (Print) Title
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of (if applicable) this
day of , 2010.
[Assistant] Secretary
AGREEMENT BETWEEN CITY OF KENNEDALE and
JPMORGAN CHASE BANK, N.A.
FOR PARTICIPATION IN PROCUREMENT CARD AND CORPORATE TRAVEL CHARGE CARD PROGRAMS
A county, municipality, school district, education service center, or public junior /community college, which is a member of the
State of Texas Cooperative Purchasing Program (Co -Op member) is authorized under Texas Government Code Title 10 Section
2171.055 to utilize The Texas Procurement & Support Services (TPASS) Co- Operative State Travel Management Program
(STMP) as successor in interest to The Texas Building and Procurement Commission (TBPC) State Travel Management Program
(STMP) services and may participate in the JPMorgan Chase Bank, N.A., a national banking association (the "Bank "), as
successor in interest to Bank One, NA, Procurement Card and Corporate Travel Charge Card Contract between the Bank and the
TPASS.
In consideration of the mutual covenants and agreements, the parties hereto agree to the following:
The documents constituting this Agreement are the contract documents as defined in RFP #946 -A1, which are incorporated
herein by, reference.
Representations and Warranties of the Co -Op Member
1. All Co -Op charges shall be for business purposes.
2. The rights and obligations of the Co -Op member under this Agreement are duly authorized, legal and valid, and this
Agreement is a binding obligation of the Co -Op Member, enforceable against Co -Op Member in accordance with its terms.
3. Execution of this Agreement by the Co -Op Member and performance by the Co -Op Member of its obligations under this
Agreement will not (i) constitute or result in a breach or default under Co -Op Member's charter or any contract to which Co -Op
Member is a party or by which it is bound, or (ii) result in the violation of any applicable law, regulation, ordinance, judgment,
decree or order.
4. All approvals and authorizations required to permit the execution, delivery, performance and consummation by Co -Op
Member of this Agreement and transaction contemplated under this Agreement have been obtained.
5. Any Co -Op Member Charges by the Co -Op Member under this Agreement: (i) are duly authorized and constitute valid and
binding obligations of the Co -Op Member, enforceable against the Co -Op Member, (ii) shall not cause the Co -Op Member to
exceed any legal limits applicable to the Co -Op Member Charges when made, and (iii) constitute the legal expenditures of the
Co -Op Member.
6. Contract is contingent upon continued membership in TPASS Co -Op.
CITY OF KENNEDALE JPMORGAN CHASE BANK, N.A.
AGENCY # M0074
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
EFFECTIVE DATE (Agreement not effective unless executed by the Bank):
Certificate of Authority (to be signed by Legal Counsel for Co -Op Member)
This certifies that
citation):
is authorized (check one of the following and provide
❑ by Texas law, citation ; or
❑ by ordinance or citation ; or
❑ by other legal authority, citation
Name (Print)
Signature
to sign this Agreement on behalf of the named Co -Op Member and by so signing binds the Co -Op Member to all terms and
conditions contained herein, without limitation, for the duration of said Agreement.
Texas Bar Number
Staff Report
To the Honorable Mayor and City Council
Date: February 11,2010
Agenda Item No: XI -1
Subject: Approval of Racial Profiling Report
Originated by: Police Chief Tommy Williams
Summary: Attached for council consideration is the Racial Profiling Report for the
period January 1 through December 31, 2009. The data indicates that
the Kennedale Police Department's citation and search activity was
well within tolerances for the population groups. This report is to be
submitted to council on or before March 1 of each year.
Recommendation: Staff recommends accepting the report.
Disposition by Council:
f
v' Y
KENNEDALE
POLICE DEPARTMENT
February 11, 2009
To: City Manager, Mayor, and Council Members
From: Tommy Williams, Police Chief
Re: Racial Profiling Report
As required by SB 1074 I am presenting this report on the Kennedale Police
Department's racial profiling statistics.
Statistical Data
Attached is a table outlining the data from our citations issued during calendar year 2009.
Once again I used both the total population and the Fair Roads Standard as baselines for
our data. Because such a large majority of our citations continue to be issued to persons
outside of the city, the baseline still includes the combined populations of our
neighboring cities of Arlington, Forest Hill, and Mansfield, as well as Kennedale.
Motorists come from or through these cities in order to get to or through Kennedale. Our
stops and searches are within tolerances for the percentile groups.
Complaints
We had no racial profiling complaints filed during the reporting period of 2009.
Public Education
The process for filing racial profiling complaints against employees is posted in three
places. The first is on our police department website, the second in the police building
lobby, and the third is in the city hall lobby. A copy of the entire racial profiling policy is
available to the public on request.
Employee Training
Numerous discussions occurred throughout the year during briefing and staff meetings
about racial profiling issues to be aware of. In addition, supervisors were required to
review random video tapes of stops each quarter to identify any problems that had not
been reported. No problems were identified.
401 Municipal Dr. Kennedale, Texas 76060 Office 817- 478 -5416 Fax 817- 478 -6433
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Staff Report
To the Honorable Mayor and City Council
Date: February 5, 2010
Agenda Item No: XII
Subject: Regular Items
Originated by: Kathy Turner, City Secretary
Summary: The following items have been placed under Regular Items. These items are
not considered to be routine, and will require separate discussion, in sequence,
'-ftmo - as a routine agenda item.
Recommendation:
Disposition by Council:
Staff Repot
To the Honorable Mayor and City Council
Date: February 5, 2010
Agenda Item No: X11-J
Subject: Public hearing to receive public input regarding a proposed Ordinance No.
447 of the City of Kennedale, Texas amending Chapter 23 of the Kennedale
City Code of Ordinances (1991), as amended, by adding a new Article XI
"Stormwater (Drainage) Utility System" to establish a municipal stormwater
(drainage) 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
(Drainage) Utility System.
Originated by: Kathy Turner, City Secretary
Summary: A presentation regarding implementation of a "Stormwater (Drainage) Utility
System" will be provided prior to opening the meeting to the public to receive
input regarding such.
Recommendation: No action is scheduled at this time.
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StaffReport
To the Honorable Mayor and City Council
Date: February 5, 2010
Agenda Item No: XII -K
Subject: Public hearing to receive public input regarding a proposed Ordinance No.
448 of the City of Kennedale, Texas amending Chapter 23, Article XI
"Stormwater (Drainage) Utility System ", of the Kennedale City Code of
Ordinances (1991), as amended, by adding a new Division 2 — "Stormwater
(Drainage) Utility Fees" to establish monthly stormwater (drainage) utility
fees for the purpose of funding the Stormwater (Drainage) Utility System.
Originated by: Kathy Turner, City Secretary
Summary: A presentation regarding implementation of a "Stormwater (Drainage) Utility
System and Stormwater (Drainage) Utility Fees" will be provided prior to
opening the meeting to the public to receive input regarding such.
Recommendation: No action is scheduled at this time.
StaffReport
To the Honorable Mayor and City Council
Date: February 5, 2010
Agenda Item No: XII -L
Subject: Discussion on Tarrant County Road Bond Projects.
Originated by: Kathy Turner, City Secretary
Summary: Bob Hart, City Manager will have an open discussion regarding TC Bond
Road projects.
Recommendation:
Staff Repot
To the Honorable Mayor and City Council
Date: February 11, 2010
Agenda Item No: XII -M
Subject: APPROVE IESI RESIDENTIAL & COMMERICAL GARBAGE RATE
INCREASE FOR 2010
Originated by: Bob Hart, City Manager
Summary:
IESI, our trash vendor, is requesting the City to pay the an annual increase of $0.37 per month per
resident ($4.44 per year per resident) and $0.83 per month per commercial customer ($9.96 per year per
commercial customer).
The current residential rate is $8.23 per month, and the newly proposed rate is $8.60. Based on our most
recent January 2010 billing of 2093 residents, this equates to an additional $9,293 over a twelve month
period.
The current commercial rate is $18.32 per month, and the newly proposed rate is $19.15. Based on our
most recent January 2010 billing of 52 customers, this equates to an additional $518 over a period of
twelve months.
In 2009, IESI previously requested an increase of $0.15 per month per resident and $0.32 per month per
commercial customer. The City Council approved both rate increases to be paid to them; however, these
increases were not passed along to the citizens via the City's trash ordinance as normal. As a result, the
City absorbed $3,768 in residential and $200 in commercial expenses for the year. While the City elected
to absorb the aforementioned cost, it is only able to do so for a short period of time.
Surrounding Residential Rate Comparison:
Kennedale $ 8.08
Euless $ 7.23
Bedford $ 7.18
Burleson $16.05
Everman $ 8.00
Mansfield $10.05
Hurst $ 7.16 (Curbside)
$14.43 (Door Pickup)
Fort Worth $12.75 (32 Gallon Can)
$17.75 (64 Gallon Can)
$22.75 (96 Gallon Can)
Page 1 of 2
Recommended Motion: Staff recommends that the City Council approve IESI's request to pay to them
an increase of $0.37 per month per resident and $0.83 per month per commercial customer. However,
these increases should not become effective until April 1, 2010 Furthermore, in order to eliminate the
increased costs that are being absorbed by the City for the 2009 increase that was approved to be paid to
IESI but not passed on to our citizens, Staff would like to recommend that the City Council increase the
City's trash rates to mimic IESI's latest request. Staff will bring the City's trash ordinance before
Council in March 2010. This will enable both IESI's newly increased rates and the City's newly
increased rates to occur and billed concurrently.
Disposition by Council:
J
Page 2 of 2
02/05/2010 14:56 8172229996
IESI TX Corporation
January 13, 2010
Honorable Mayor and Members of Council
City of Kennedale
405 Municipal Drive
Kennedale, Texas 76060 -2249
Re: Price Increase Request:
Dear Honorable Mayor and Members of Council:
PAGE 01/03
IESI would lake to take this opportunity to express our appreciation for your business. We have
1"MW strived to provide the highest quality service, while m aintaining a very economical price. in
addition, we appreciate the opporttwity to serve as a corporate partner within your community.
Per our contract, adjustments in disposal rates may be considered with approval of the Council. .
The amount of the .request for 2010 is equal. to 4.49% or S.37 cents per home (see attached).
Your current rate per home is $8.23. With the increase the rate would equal. $8.60. IESI is
requesting this increase to be effective March, 2010. We respectfully ask for your consideration
of this request.
If you have any qu.esti.00s or need additional information, please feel free to contact me at your
earliest convenience.
Sincerely,
.— � \
Norm Bulaich
Municipal Manager
IESI TX Corporation.
Mobile — 81.7- 999 -2584
4001 Old Denton Rd. Fort Worth, Texas 76117 (817) 547 -9012
02/05/2010 14:56 8172229996
PAGE 02/03
Kennedale - Disposal Component
Kennedale Pounds Per Home Per Week;
54
Weeks Per Month
4.33
Pounds Per Month
233,82
Tons Per Month
0.11691
2008 -09 - Disposal Cost Per Home Per Month $1.99
Increase Per ton - 2009 $3.16
2009 -10 - Disposal Cost Per Home Per Month $2.36
Residential Charge Per Month $8.23
Disposal Percentage 24,15%
Increase $0.37
2010 -11 Proposed Rate $8.60
Overall Increase Percentage 4.49%
,"NO,
02/05/2010 14:56 8172229996
IFESI TX CORPORATION
`I 4001 Old Denton Rd, Haltom City, Texas 76117
^� Contact: Bob Kneis; District Manager
Phone: (817) 222 -2221
City of KENNEDALE
RATE SHEET
Effective: 3/1/2010
RESIDENTIAL CURBSIDE COLLECTION: $8.60 per month
CURBSIDE RECYCLING: - per month (NON- MANDATORY)
COMMERCIAL HAND COLLECT: $19.14 1X per week (Includes 96 gallon cart)
$26.60 2X per week (Includes 96 gallon cart)
COMMERCIAL RATE SCHEDULE
CONTAINER Lifts Per Week
Containers w/ Casters $ 37.23 per month
Containers w/ Locks or Gates $ 8.51 per month
ROLL OFF RATE SCHEDULE
CONTAINER ROLL OFF OPEN TOPS
250.55 90.42 4,52 26.59 74.46
250.55 90.42 4.62 26,59 74.46
250.55 90.42 4.52 26.59 74.46
Franchise and Billing Fees:
Residential: 10.0%
Commercial: 10.0%
* All rates are inclusive of all franchise and billing fees
PAGE 03/03
FRONT LOAD COMPACTOR RATES' (Negotiable)
J
6. Rate Adjustments No rate adjustments will be made in the first year of the
contract (February, 1 2008 January 31, 2009). Beginning Februaryl, 2009
rates may be adjusted annually to reflect changes in the cost of operations, as
reflected by percentage change in the Consumer Price Index (CPI) for Urban
Wage Earners and Clerical Workers (all items) for the Dallas-Fort Worth
Metropolitan Area as published by the U.S. Department of Labor, Bureau of
Labor Statistics. The measured increase will span a twelve month period
(beginning August 1 and ending July 31) immediately preceding the Rate
Adjustment Date. If the CONTRACTOR desires a review of the existing
rates, CONTRACTOR shall submit, in writing, its adjustments to the rate
and supporting data for the same period, on or before January 15th of the
numbered year, beginning January 15 2009.
7. In addition to the above CPI adjustment, the CITY may consider a
discretionary rate adjustment to offset unusual changes in CONTRACTOR'S
cost of operations due to, or directly resulting from, increased fuel costs, ad
valorem taxes, governmental fees, landfill costs, or regulations or revised
federal, state or local laws, ordinances or regulations. CONTRACTOR may
submit a request to the City Council for such an adjustment in rates. Any
such request must be accompanied by supporting documentation detailing
the increased costs and their impact in providing the services described in
this Consolidated Contract as they relate directly to the CITY. The City
Council shall have authority, in its sole discretion, to determine the validity
of any such request for a change in rates. The CITY shall not unreasonably
withhold condition or delay its consent to any requested rate increase. In the
event the CITY fails or refuses to consent to any such requested rate increase
and the CONTRACTOR can demonstrate that such rate increase is necessary
to offset the CONTRACTOR'S increased costs in connection with performing
the services under this Agreement, the CONTRACTOR may, in its sole
discretion, terminate this Agreement upon one hundred eighty (180) days
written notice to the CITY.
Other than the foregoing no other rate adjustments shall be considered by
the CITY.
•.f
Staff Report
To the Honorable Mayor and City Council
Date: February 11, 2010
Agenda Item No: XII -N
Subject: Public hearing, review, and consider action to approve Resolution No.
317, authorizing funding participation with Tarrant County Community
Development Housing for the 36 Year Community Development
Block Grant for sanitary sewer improvements on New Hope Road,
Original Town of Kennedale, Kennedale, Texas.
Originated by: Larry Ledbetter, Public Works Director
Summary: The City has an annual Public Works project that is funded by the
Community Development Block Grant Program (CDBG) administered
by Tarrant County. As part of the process, the County requires that the
City authorize the project and pledge any funds that the City may use
in participation of the project.
This year's recommended project is the continuation of last year's
project, which includes the replacement of 1,000 linear feet of Sanitary
Sewer in the Old Town Neighborhood on New Hope Rd. This project
is the third phase of a multi year plan that was presented last year.
This project includes open cut, boring and replacement of four (4)
manholes.
The estimated construction cost of the project is $143,748.00 of which
the City's participation would be estimated at $54,998.00 and would
be budgeted in next years Water and Sewer Budget.
Recommendation: Staff recommends approval
lvaw Disposition by Council:
RESOLUTION NO. 317
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS AUTHORIZING FUNDING PARTICIPATION
WITH TARRANT COUNTY COMMUNITY DEVELOPMENT AND
HOUSING FOR THE 36 YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT PROJECT FOR SANITARY SEWER IMPROVEMENTS
WITHIN THE CITY OF KENNEDALE, TEXAS AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, in the City Council Meeting of February 11, 2010, the City Council of the City of
Kennedale approved the 36 Year Community Development Block Grant Project (CDBG) to replace 1,000
linear feet of Sanitary Sewer along New Hope Road, Original Town of Kennedale, Kennedale, Texas; and
WHEREAS, the budget for the project approved on February 11, 2010 reflected an estimated
construction cost in an amount of $143.748.00 with the City of Kennedale pledging funds in an amount of
$ 54,998.00 ; and
WHEREAS, the City funds will be budgeted in the 2010 /2011 fiscal year budget and will be
utilized for project costs in excess of the CDBG funds available for the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE, TEXAS: J
Section 1. That all matters stated in the preamble of this resolution are true and correct and are
incorporated herein as if copied in their entirety.
Section 2. That this resolution shall be effective upon its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS on this 11 th day of February 2010.
M99I'IZ6] 'r/JM
Mayor, Bryan Lankhorst
ATTEST:
Kathy Turner, City Secretary
h: citysecretary/ citycouncil /resolutions(02- 05 -10)
StaffReport
To the Honorable Mayor and City Council
Date: February 5, 2010
Agenda Item No: XII -O
Subject: Review and consider action to authorize the Mayor to execute Interlocal
Agreement with Tarrant County regarding plat approval jurisdiction in the
city's extraterritorial jurisdiction.
Originated by: Bob Hart, City Manager
Summary: This item was presented before Council during the January meeting with a
recommendation to approve agreement subject to agreement being modified
to include the city's road regulations.
The attached Agreement has been modified to include the city's water /sewer
regulations and attorney recommendations. However, Tarrant County did
not approve the implementation of the city's road regulations.
Recommendation:
INTERLOCAL COOPERATION AGREEMENT BETWEEN
THE COUNTY OF TARRANT AND THE CITY OF KENNEDALE
REGARDING PLAT APPROVAL JURISDICTION IN THE CITY'S
EXTRATERRITORIAL JURISDICTION
This INTERLOCAL AGREEMENT ( "Agreement ") is entered into and in accordance with
the provisions of the Interlocal Cooperation Act, Chapter 791, Texas Government Code, and Chapter
242, Texas Local Government Code, by and between the CITY OF KENNEDALE, TEXAS, a
political subdivision of the State of Texas, located within Tarrant County, Texas (hereinafter referred
to as the "City ") and TARRANT COUNTY, TEXAS, also a political subdivision of the State of
Texas, (hereinafter referred to as "Tarrant County" or "County ").
WHEREAS, the Interlocal Cooperation Act allows local governments to contract with one
another to perform governmental functions such as platting and approval of related permits; and
WHEREAS, City and County mutually desire to be subject to the provisions of the Texas
Government Code, Chapter 791, the Interlocal Cooperation Act, specifically §791.011 regarding
contracts to perform governmental functions and services; and
WHEREAS, Section 242.001 of the Texas Local Government Code requires City and
County to enter into a written agreement that identifies the governmental entity authorized to
regulate subdivision plats and approve related permits in the extraterritorial jurisdiction ( "ETJ ") of
City; and
WHEREAS, Section 242.001 allows the City and County to agree that County may be
granted exclusive jurisdiction to regulate subdivision plats and approve related permits in the ETJ
and may regulate subdivisions as authorized under Sections 232.001- 232 -005 of the Texas Local
Government Code and other statutes applicable to counties; and
WHEREAS, both City and County desire that County be granted such exclusive jurisdiction
to regulate subdivision plats and approve related permits in City's ETJ all of which is provided for in
the Interlocal Cooperation Act and Section 242.001.
NOW, THEREFORE, for the mutual consideration stated herein, the parties agree and
understand as follows:
1. County Granted Exclusive Jurisdiction. County shall be granted exclusive jurisdiction to
regulate all subdivision plats and approve all related permits in City's ETJ and may
regulate subdivisions under Sections 232.001- 232.005 of the Texas Local Government
Code and other statutes applicable to counties, and City shall no longer exercise any of
these functions in City's ETJ. All fees related to plat and related permit approval shall be
collected and retained by County. The following regulations shall apply to plat approval:
Page 1 of 12
a. Water and sanitary sewer mains and infrastructure associated with fire protection
shall be designed and constructed per City standards. City shall be responsible
for inspection of water and sanitary sewer infrastructure, including fire hydrants.
b. Minimum lot width shall be 100' for rural lots and 50' for urban lots. Rural lots
are defined as lots at least one acre or larger. Urban lots are defined as lots less
than one acre in size. For rural lots, the minimum lot width may be reduced to
50' on a cul -de -sac lot.
C. Minimum set -backs shall be 30' on City and County maintained roads, and 50'
on state maintained roads.
d. All right of way widths shown on the plat shall comply with the City's Master
Thoroughfare Plan.
2. Issues Not Affected by Section 242.001. Section 242.001 does not affect on -site sewage
facilities (OSSF), flood plain enforcement or road maintenance issues. With regard to
these issues, City and County agree as follows:
a. Section 242.001 has no impact on permits issued for on -site sewage facilities or
floodplain enforcement. County is responsible for on -site sewage facility permits
and flood plain enforcement outside of the City Limits.
b. Section 242.001 has no impact on road maintenance issues. County is
responsible for road maintenance outside of the City Limits.
3. ETJExpansion or Reduction. Should City expand or reduce its ETJ, City shall promptly
notify County of such expansion or reduction so that this Agreement may be amended to
take into account the expansion or reduction in City's ETJ. In the event that City's ETJ
should expand or reduce such that the expansion or reduction of ETJ necessitates the
amendment of this Agreement, City and County agree that County shall continue to be
granted exclusive jurisdiction to regulate subdivision plats and approve related permits in
its ETJ until this Agreement is amended to take into account such ETJ expansion or
reduction.
4. Term ofAgreement. At the request of either parry, this Agreement may be reviewed and
revised to address changed circumstances. Any revision of this Agreement must be
approved by the City Council for the City of Kennedale and the Commissioners Court for
Tarrant County.
5. Miscellaneous.
a. This Agreement expresses the entire agreement between the parties hereto
regarding the subject matter contained herein and may not be modified or
amended except by written agreement duly executed by both parties.
b. This Agreement has been duly and properly approved by each party's governing
Page 2 of 12
body and constitutes a binding obligation on each party.
C. This Agreement shall be construed in accordance with the laws of the State of
Texas and venue for all purposes hereunder shall be in Tarrant County, Texas.
d. If any provision hereof is determined by any court of competent jurisdiction to be
invalid, illegal or unenforceable, such provision shall be fully severable herefrom
and this Agreement shall be construed and enforced as if such invalid, illegal or
unenforceable provision never comprised a part hereof; and the remaining
provisions shall continue in full force and effect.
e. The Agreement is not intended to extend the liability of the parties beyond that
provided by law. Neither City nor County waives any immunity or defense that
would otherwise be available to it against claims by third parties.
f. This Agreement shall be effective immediately upon the date of adoption by the
last governing body to approve and execute same. Preliminary plats of property in
the City's ETJ that are submitted on or after the effective date of this Agreement
will not require approval by City. This includes the final plat(s) of property
represented by the aforementioned preliminary plats. If a preliminary plat has
been submitted prior to the effective date of this Agreement, City and County
shall process the preliminary plat and related final plat(s) in the same manner in
effect prior to this Agreement.
APPROVED BY THE CITY COUNCIL FOR THE CITY OF KENNEDALE, TEXAS, in its
meeting held on the day of 2010, and executed by its authorized
representative.
City of Kennedale, Texas
Bryan Lankhorst, Mayor
Approved as to form:
Attest:
Wayne K. Olson, City Attorney
Kathy Turner, City Secretary
APPROVED BY THE COMMISSIONERS COURT FOR TARRANT COUNTY, TEXAS, in its
meeting held on the day of 2010, and executed by its authorized
representative.
Tarrant County, Texas
Page 3 of 12
B. Glen W Attest: hitley Tarrant County Clerk
County Judge
Approved as to form:
Assistant District Attorney
Page 4 of 12
Staff Report
To the Honorable Mayor and City Council
Date: February 5, 2010
Agenda Item No: XIH A. -D.
Subject: Executive Session
Originated by: Kathy Turner, City Secretary
Summary:
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. Sublett Road re- alignment properties
2. Little School Road re- alignment properties
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.
1. City Manager
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.
1. Fallen Heroes Memorial
2. Transfer of Bowman Springs Road property to the KEDC
Recommendation:
Disposition by Council:
Staff Report
To the Honorable Mayor and City Council
Date: February 5, 2010
Agenda Item No: XIV A -B
Subject: Reconvene into open session, and take action necessary pursuant to executive
session, if needed.
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 properties owned by HM Real Estate Management, LTD.,
being approximately fifty -eight acres of land located west of the 3800 block
of New Hope Road and Bruce Johnson, Trustee, being approximately
seventeen acres of land located east of the 300 block of Jonah Road for a
water line easement.
B. Consider approval of Bowman Springs Road property transfer to the KEDC.
Recommendation:
Disposition by Council: