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04.08.2010 CC Packet
OF KENNEDALE 405 Municipal Drive, Kennedale, Texas 76060 www.cityotkennedale.com AGENDA KENNEDALE CITY COUNCIL REGULAR MEETING — APRIL 8, 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. Discuss Utility Billing practices. • B. Discuss and review any item on the agenda, if needed. *NOTE: Pursuant to Chapter 551, Texas Government Code, the City Council reserves the right to adjourn into Executive Session at any time during the work session or the regular session to discuss posted executive session items or to seek legal advice from the City Attorney on any item posted on the agenda. IV. REGULAR SESSION — 7:00 PM V. INVOCATION VI. US PLEDGE OF ALLEGIANCE VII. TEXAS PLEDGE OF ALLEGIANCE "Honor the Texas g g Flag; I Pledge Allegiance to Thee, Texas, One State under God; One and Indivisible." VIII. PRESENTATION 1. Update from Robert Early, President and CEO with John Peter Smith Hospital. • Page 1 of 5 • IX. VISITOR/CITIZENS FORUM At this time, any person with business before the Council not scheduled on the agenda may speak to the Council. No formal action can be taken on these items at this meeting. 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 • NLC Prescription Drug Card • Bark in the Park — April 10 • Art in the Park — April 16` — 18 • TownCenter Ground Breaking — April 24 • Economic Analysis — May 4` • Oak Crest Redevelopment Project — May 13 XI. CONSENT AGENDA All matters listed under consent agenda have been previously discussed, require little or no deliberation, or are considered to be routine by the council. If discussion is desired, then an item will be removed from the consent agenda and considered separately. A. Approval of regular meeting minutes dated March 1 1 , 2010. B. Approval of 4` Quarter Quarterly Investment Report. C. Approval of Resolution No. 321, amending Resolution No. 314, calling a General Election to be held on May 8, 2010, and to include early voting sites conducted by other political subdivisions throughout Tarrant County. D. Approval of Ordinance No. 452, amending fees for certain city services. E. Review and consider action to authorize the City Manager to execute a License Agreement with Barnett Gathering, L.P. F. Approval to authorize expenditure of seizure funds to purchase radios for Police Department. G. Approval to authorize expenditure for repair of T -3 Water Well. H. Approval of Change Order No. 1 for Bowman Springs Road (TNP #KEN08305 -02). • Page 2 of 5 • MI. REGULAR ITEMS I. Review and consider action on Tarrant County Road Bond Project Designs for Little School Road, and Sublett Road. 1. Staff Presentation of Proposed Project 2. Presentation by Youth Advisory Council (YAC) for round -a -bout design 3. Public Comments 4. Action, if necessary J. Public hearing, review, and consider action to approve Ordinance No. 453, closing a portion of Municipal Drive. 1. Staff Presentation 2. Public Hearing 3. Staff Response and Summary 4. Action on Ordinance No. 453 K. Review and consider action to approve Ordinance No. 451, amending Chapter 17, of the Kennedale City Code (1991), as amended, by revising regulations governing outside storage and screening, including loading docks. L. Review and consider action to approve 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 IX "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. M. Review and consider action to approve Ordinance No. 448 of the City of Kennedale, Texas amending Chapter 23, Article IX "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. 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 Page 3 of 5 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 Monument 2. Transfer of Bowman Springs Road property to the KEDC. 3. Transfer of property located at 1000 E. Kennedale Parkway XIV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED. A. Approval of Resolution No. 322, authorizing legal counsel to proceed with condemnation of a 0.041 of an acre tract of land situated within the J.M. Lilly Survey, Abstract 980, and the J.M. Lilly Survey, Abstract 985, City of Kennedale, Tarrant County, Texas, and being a portion of a tract of land described to Larry M. Walther by deed recorded in Volume 7892, Page 1314, Deed Records, Tarrant County, Texas, for a public roadway, and /or other public purposes permitted by law. 11111 B. Approval of Resolution No. 323, authorizing legal counsel to proceed with condemnation of a 0.05 acre tract of land situated within Lot 1, Block 1, Glenn Oaks Addition to the City of Kennedale, Tarrant County, Texas, as shown by plat recorded in Volume 388 -44, Page 42, plat records of Tarrant County, Texas; and a 0.055 of an acre tract of land situated within the W.E. Haltom Survey, Abstract No. 1791, to the City of Kennedale, Tarrant County, Texas, and recorded in Instrument No. D202193953, Deed Records, Tarrant County, Texas for a public roadway, and /or other public purposes permitted by law. C. Approval of Resolution No. 324, authorizing legal counsel to proceed with condemnation of Lots 25 and 26, Block 3, Briarwood Addition to the City of Kennedale, Tarrant County, Texas, according to the plat recorded in Volume 388 -13, Page 47, plat records, Tarrant County, Texas; said area is described in Volume 4284, Page 639, Deed Records, Tarrant County, Texas, for a public roadway and /or other purposes permitted by law. XV. ADJOURNMENT In compliance with the Americans with Disabilities Act, the City of Kennedale will provide for reasonable accommodations for persons attending City Council meetings. This building is wheelchair accessible, and parking spaces for disabled citizens are available. Requests for sign interpreter services must be made forty -eight (48) hours prior to the meetings. Please contact Kathy Turner, City Secretary, at 817.985.2104 or (TDD) 1.800.735.2989 Page 4 of 5 • CERTIFICATION I certify that a copy of the April 8, 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: Thursday, April 1. 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 1 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 , 2010. Title: Kathy Turner, City Secretary, TRMC /CMC • • Page 5 of 5 • StaffReport To the Honorable Mayor and City Council Date: April 1, 2010 Agenda Item No: III A - Subject: Work Session Originated by: Kathy Turner, City Secretary Summary: Work Session • A. Discuss Utility Billing Practices. 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: April 1, 2010 Agenda Item No: VIII. Subject: Presentation Originated by: Kathy Turner, City Secretary Summary: Update from Robert Early, President and CEO with John Peter Smith Hospital. Recommendation: Disposition by Council: Staff Report To the Honorable Mayor and City Council Date: April 1, 2010 Agenda Item No: IX. Subject: Visitor /Citizens Forum Originated by: Kathy Turner, City Secretary Summary: At this time, any person with business before the Council not scheduled on the • agenda may speak to the Council. No formal action can be taken on these items at this meeting. Recommendation: Disposition by Council: • • Staff Report To the Honorable Mayor and City Council Date: April 1, 2010 Agenda Item No: X. Subject: Reports /Announcements Originated by: Kathy Turner, City Secretary Summary: 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 • NLC Prescription Drug Card • Bark in the Park — April 10 • Art in the Park — April 16th _ 1 8 th • TownCenter Ground Breaking — April 24 • Economic Analysis — May 4th • Oak Crest Redevelopment Project — May 13 Recommendation: Disposition by Council: • • Staff Report To the Honorable Mayor and City Council Date: April 1, 2010 Agenda Item No: XI A - 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 b Dispos by Council: • Staff Report To the Honorable Mayor and City Council Date: April 1, 2010 Agenda Item No: XI - A. Subject: Approval of regular meeting minutes dated March 11, 2010. Originated by: Kathy Turner, City Secretary Summary: Meeting minutes dated March 11, 2010 are attached for your review and consideration. Recommendation: RECOMMEND APPROVAL Disposition by Council: • 3478 MINUTES KENNEDALE CITY COUNCIL REGULAR MEETING — MARCH 11, 2010 405 MUNICIPAL DR. — KENNEDALE MUNICIPAL BLDG. COUNCIL CHAMBERS CALL TO ORDER Mayor Lankhorst called the meeting to order at 5:30 p.m. IL ROLL CALL Kathy Turner, City Secretary called roll with the following persons present: Council present: Bryan Lankhorst Mayor John Clark Mayor Pro -Tem, Place 1 David Green Councilmember, Place 2 Brian Johnson Councilmember, Place 3 Kelly Turner Councilmember, Place 4 Jerry Miller Councilmember, Place 5 Staff present: Bob Ilart City Manager Kathy Turner City Secretary Rachel Roberts Planner • James Cowey Director of Development Services Sakura Moten - Dedrick Director of Finance Amy Owens Director of Utility Billing Amber Wroblski Utility Billing Clerk Jennifer Bozorgnia Court Administrator Tommy Williams Chief of Police Larry Ledbetter Director of Public Works Larry 1- loover Street Superintendent III. WORK SESSION Prior to the start of the joint work session with Planning and Zoning Commissioners, Roy Boenig, 1020 Kennedale Sublett Road, Kennedale, TX addressed council with concerns regarding the design of Sublett Road. Mr. Boenig indicated that he did not sense anyone against the expansion of the roadway; it was the design of the median due to the inconvenience it will place on the residents living along the roadway. Koenig commented on the 25' radius requirement needed for emergency vehicle access, 12' drive entrances on 20 parcels, safety of 16' width roadway for Sublett, median crossway, landscape and maintenance of medians, costs to restructure medians to roadway 10 to 15 years out, and notification of road widening and communicating to the public in regards to road improvements. A. Joint work session with the Planning and Zoning Commission. The City Council met in a joint work session with Planning and Zoning Commissioners Ernest Harvey, Frank Fernandez, Lori Bryan, Ray Cowan, Billy Simpson, and Charles Overstreet. The purpose of the work session was to discuss draft recommendations for 3479 • revisions to several sections of the city code, which included revisions to the commercial and industrial zoning districts, establishment of guest house regulations, revisions to the outside storage regulations, and revisions to the oil and gas ordinance. It was noted that oil and gas revisions would be provided to the Board of Adjustment for their comments, and once received, required public hearings would be held to amend ordinance and then sent to Council for consideration. Also, it was suggested that Council attend P &Z meetings on an informal basis and provide feedback to Commissioners to ensure each group reflects the same goals. Due to time constraints, another work session will be scheduled at a later date to continue discussions and recommendations on proposed revisions to the city codes. B. Discuss Independent Audit Report for year ended September 30, 2009. Greg Shropshire, Auditor with Patillo, Brown & Hill addressed the Independent Audit Report for year ended September 30, 2009. Mr. Shropshire indicated that there was a reasonable basis for rendering an unqualified opinion in which is the highest level of assurance one can get, which reflects that the City's financial statements for the fiscal year ended September 30, 2009, are fairly presented and are in conformity with GAAP. C. Discuss and review any item on the agenda, if needed. With no further discussion, Mayor Lankhorst recessed the work session to enter into • executive session at 6:45 p.m. IV. REGULAR SESSION Mayor Lankhorst called the regular session to order at 7:05 p.m. V. INVOCATION Bob Hart, City Manager gave the invocation. VI. US PLEDGE OF ALLEGIANCE Mayor Lankhorst led the US Pledge of Allegiance. VII. TEXAS PLEDGE OF ALLEGIANCE "Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One and Indivisible." Mayor Lankhorst led the Texas Pledge of Allegiance. VIII. PRESENTATION A. Presentation of Proclamation proclaiming March 2010 as March for Meals Awareness • Month. 3480 Mayor Lankhorst presented a proclamation to Barbara Lundgren proclaiming March 2010 • as March for Meals Awareness Month. B. Presentation by committee members representing Art in the Park. Felipe Gutierrez, Event Chair with Art in the Park introduced committee members and provided an update on activities scheduled for the upcoming Art in the Park Festival to be held April 16 — 18 C. Receive report from the Kennedale Youth Advisory Council (YAC). No report was received from the Kennedale Youth Advisory Council. D. Receive report from the Kennedale Youth Association. Alisha Woodson representing the Kennedale Youth Association indicated that KYA applied for a $50,000.00 grant through the Pepsi Refresh Everything Program. Woodson commented that if the grant was awarded to KYA, the monies would be used to improve the baseball field's facilities including the restrooms, storage unit, parking lot, concession stand, as well as provide new sporting equipment, concession equipment, and to offer scholarships for Kennedale youth sports programs. In closing, she said that the grant would be awarded to the top 10 ideas through popular vote on Pepsi's website, and encouraged everyone to vote April 1 to April 30 IX. VISITOR/CITIZENS FORUM Linda Miller, 411 Kevin Miller Road, Kennedale, TX expressed her appreciation towards the design of the widening of Kennedale Sublett Road. Pat Doescher, Chair of the Kennedale Chamber of Commerce thanked Council for participating in the Texas Independence Parade and indicated that planning activities were already underway for next year's parade scheduled for March 5 Mrs. Doescher then announced the Networking Luncheon scheduled for March 17 from 11:30 a.m. to 1 p.m. at Life Fellowship Church, and said that the guest speaker would be Sarah Zink with Results Oriented Marketing. Next, Chamber Executive Director, Mark Allen addressed Wake up North Texas, a networking opportunity consisting of various Chambers across North Texas. Mr. Allen said the next morning breakfast would be held on March 24 at 7 a.m. at Los Vaqueros Banquet Hall located at 4971 East Interstate 20 Service Road North, and encouraged anyone interested to participate. Jim Haddock, 1407 Wren Ct., Kennedale, TX addressed Council in regards to PZ Case 10 -01. Mr. Haddock implied that the Bowerman property backed up to his property, which was on Council's agenda for a zone change, and spoke of concerns with fire hydrant maintenance in the area, removal of trees, and upkeep of acreage. Jennifer Ramey, 601 Pennsylvania Ave., Kennedale, TX announced the Kennedale Super Star Public Talent Show, and invited everyone to come out for the preliminary tryouts scheduled for April 2 from 6:30 PM to 9:30 PM at Angela's Mexican Food Restaurant. Bill Massey, 313 S. Dick Price Rd., Kennedale, TX addressed council with concerns of the posted speed limit, truck traffic, and re- alignment of Dick Price Road. 3481 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 — No reports /announcements. B. City Council Councilmember Johnson recognized his Tarrant County College Government Class who was in attendance, and congratulated Bob Hart, City Manager for his appointment to the Interring Suburbs Committee of the National League of Cities. C. City Manager Bob Hart, City Manager indicated that work was proceeding on the Kennedale TownCenter Project, in which bids would be awarded during the EDC April 13 meeting. Also, announced that the first draft of the proposed 9/11 Memorial had been received, and would be included as part of the TownCenter Project. Councilmember Turner added that the 9/11 Memorial would represent all the organizations that lost people, as well as the citizens that were affected by the incident, and would be the first memorial of its kind. • XI. CONSENT AGENDA All matters listed under consent agenda have been previously discussed, require little or no deliberation, or are considered to be routine by the council. If discussion is desired, then an item will be removed from the consent agenda and considered separately. A. Approval of regular meeting minutes dated February 11, 2010. B. Approval of budget amendment for fiscal year 2008 -2009. C. Approval of Independent Audit Report for year ended September 30, 2009. D. Approval to purchase fuel through the City of Fort Worth Cooperative Purchasing Agreement. E. Approval of Resolution No. 318, adopting City of Kennedale Grant Submission and Acceptance Policy. F. Approval of Resolution No. 319, authorizing the City Manager and the Municipal Court to make application and receive grant funds from the Criminal Justice Division (CJD) of the Governor's Office for a City Marshall position. Mayor Pro -Tem Clark moved to approve the consent agenda as submitted, second by • Councilmember Miller. Motion carried unanimously (5 -0). 3482 XII. REGULAR ITEMS Mayor Lankhorst moved Item J to the beginning of regular items to accommodate the citizens in attendance. J. Review and consider action on Tarrant County Road Bond Projects design — Sublett Rd.; Little School Rd.; and Bowman Springs Rd. 1. Staff Presentation Bob Hart, City Manager provided a recap of the Tarrant County Road Projects, which addressed the road projects timeline, County participation parameters, 2007 project review and actions, community issues, and roadway design studies /examples. Hart concluded that the design of the roadways was recommended to provide dramatic design change for Kennedale, help induce investment in the community, and hold or increase property values. 2. Public Comments Mayor Lankhorst opened the meeting to public comments at 8:08 p.m. Cheryl Abbott, 330 Little School Road, TX registered in opposition to the road design. Concerns related to drainage, safety of medians, inconvenience of no cross cut due to median, costs involved to maintain median, additional right -of -way purchase of her property, and overhead utilities. In closing, Ms. Abbott indicated she • was in favor of the road widening, but was against the median and recommended a continuous turn lane. Frank Acree, 5510 Sublett Road, Kennedale, TX registered in opposition to the road design. Mr. Acree indicated that a meeting was held on the 21 of February 2010 among homeowners to discuss the expansion of the roadway and median installation. Mr. Acree then presented a Petition protesting the design of Kennedale Sublett and Little School Road, in which property owners who signed the petition felt that the medians would pose a safety hazard, as well as a huge inconvenience. Next, he addressed six issues relating to the specific design of the median, which included cross cuts at drive entrances, potential of accidents due to u- turns, back up of traffic due to mail delivery as well as trash pickup, turn radius, and maintenance and costs of medians. In closing, Mr. Acree indicated that the property owners recommended a continuous left turn lane for Kennedale Sublett and Little School Road with a bike path on one side of the roadway, and a sidewalk on the other. Mr. Acree asked Council to reconsider the design with a continuous turn lane and consider the costs savings up front, and safety of the medians. Dempsey Farmer, 1150 E. Kennedale Sublett Road, Kennedale, TX registered in opposition to the road design. Mr. Farmer spoke briefly on the positive actions of the • road design, which included a sidewalk, sewer system, and new roadway. However, he could not understand the economic sense of spending Four Million Dollars on a 3483 • two lane road, only to end up with a two lane road. He suggested a four -lane roadway that keeps traffic moving and requested outside right -of -way landscaping along the sidewalks. He then commented on the size of the proposed round -a- bouts, in which he felt were small in size and dangerous, and questioned if pickups towing boats and /or utility trailers could make a u -turn in the cross cuts, as well as RV's, UPS, and FedEx. Next, Mr. Farmer indicated that Little School Road and Sublett Road were the next two access points for commercial /industrial traffic through Kennedale, and did not want the unusual road construction with medians /round -a -bouts to be an impediment. In closing, Mr. Farmer asked Council to take a step back and listen to all comments prior to making a mistake with the road designs, which could costs more than Four Million to correct. Tom Boone, 908 Little School Road, Kennedale, TX indicated to Council that the roads must be built, and stressed that Little School Road must intersect with Kennedale Parkway. He said he had concerns, but did not want his concerns to prevent the progress of the roadways, and would leave the decision to Council. Doug Cantu, 322 Little School Road, Kennedale, TX registered in opposition to the road designs. Mr. Cantu agreed that the roads needed to be built, but did need tweaking. He expressed concerns with safety of the medians, u-turn inconvenience, • and dollars to upkeep the medians. Kelli Rod, 945 Little School Road, Kennedale, TX registered in opposition to the road designs. Mrs. Rod questioned Council to re -think they way traffic is pushed through the City, and requested Kennedale Parkway be designated as the major thoroughfare for the city. She then addressed the inconvenience of the medians, retaining the speed limit at 30 MPH to control traffic behavior, as well as suggesting the elimination of the round -a -bout at Mansfield Cardinal Road. Mrs. Rod went on to say that the City could keep the neighborhood feel by making green space on the outer edges of the roadways, which would be less costly as citizens could help maintain. She requested Council to reconsider the design. Mark Daniel, 1152 E. Kennedale Sublett Road, Kennedale, TX indicated to Council that he understood something needed to be done in regards to the roads. However, he expressed concerns with the medians, emergency vehicle access, and removal of trees. Tammy Patterson, 400 Little School Road, Kennedale, TX registered in opposition to the road design. Mrs. Patterson voiced concerns with the additional taking of land for the road project and wanted to see an alternative way to reduce the road width. She indicated that she has yet to see a good plan, and requested Council look at the long term of the project. In addition, the following persons registered in opposition to the road design but did not address Council: Trevor and Casey Barnett, 1212 Kennedale Sublett Road, Kennedale, TX. 3484 With no further comments, Mayor Lankhorst closed the public hearing at 9:21 p.m. • 3. Staff Response and Summary Greg Saunders, City Engineer with Teague, Nall and Perkins indicated that medians are an inconvenience to people who are used to having direct access to their property. He said the purpose of a median is to limit access and increase mobility. Medians do separate conflicting traffic, and with no median the need for a four -lane roadway was immediate. Furthermore, Mr. Saunders said additional right -of -way was dedicated for the road widening of Little School Road. Next, Mayor Pro -Tem Clark indicated that Council would be obtaining the same amount of right -of -way for the two -lane /median road as the four -lane road. He implied that there would be no money savings by installation of medians as only a certain amount of money was granted for the project. Mayor Pro -Tem Clark explained that the funding obtained would only build one four -lane road and questioned which road was to be built. 4. Action, if necessary — No action was taken on this item. Mayor Lankhorst recessed the meeting at 9:30 p.m. for a short break. Mayor Lankhorst reconvened into open session at 9:40 p.m. G. Public hearing, review, and consider action to approve Ordinance No. 450, Case #PZ 10- • 01, re- zoning request from "R -3" Single Family to that of "AG" Agriculture , as requested by Bill Bowerman and Bowerman Oil and Gas. Property consist of approximately 45.02 acres and is more particularly described as Swiney Subdivision, Lot 4 Less SW Corner; Swiney Subdivision, Lot W Pt 5; Swiney Subdivision, Lot 6A; James R. Hawkins Survey, A -792, Tr 1B; and Ben Jopling Survey, A -866, Tr 3B. The physical addresses are 1257, 1301, and 1409 Swiney Hiett Rd., an un- addressed parcel on Coker Valley Dr., and an un- addressed parcel on N. Joplin Rd. 1. Staff Presentation Rachel Roberts, Planner addressed Case #PZ 10 -01 indicating that the property requested for rezoning consisted of approximately 45.02 acres, which is currently zoned "R -3" Single Family Residential. She said that there are five (5) parcels included in the rezone request with each being a minimum of one acre, which is the minimum lot size for agriculture zoning. Ms. Roberts said that the applicant plans on grazing 4 to 5 head of cattle with the possibility of building a house in the future. Next, Ms. Roberts implied that the rezoning does not impose any conflicts with the Comprehensive Land Use Plan, Thoroughfare Plan, or Future Land Use Plan, and that the Planning and Zoning Commission voted unanimously to recommend approval of the rezoning. 3485 Councilmember Johnson inquired about the dead end street within the Steeplechase Subdivision and expressed concerns with the one entrance /exit to the subdivision. Ms. Roberts replied that the applicant had no intention of developing the remaining portion of the subdivision, which would make the street a non - conforming street. Mayor Pro -Tem Clark questioned if the re- zoning would impact the tax valuation of the property. Bob Hart, City Manager indicated that once an AG Exemption is granted, it would impact the valuation of the property. 2. Applicant Presentation of Case Bill Bowerman, 3603 Parker Trail, Dalworthington Gardens, TX 76016 (Applicant) indicated that he wanted to raise a few cattle on the property. He said currently there is a drill site on the property, which basically prohibits the development of the property. The property is currently being cleaned and preparation is underway to plant Bermuda, which will make the property a gorgeous piece of property. Also, Mr. Bowerman indicated that once wells were drilled, the tax base would increase significantly. 3. Public Hearing Mayor Lankhorst opened the public hearing at 10:02 p.m. • Hollis Matthews, 1252 Elmbrook Drive, Kennedale, TX registered in opposition to Case #PZ 10 -01. Mr. Matthews indicated that it takes an exception to drill the well, and before the exception could be granted, asphalt covered or cement in nature roadway must be ran to the pad site to allow access for emergency vehicles. He said that he asked the Planning and Zoning Commission to table this issue for study allowing adequate time to look at all the issues related to the water, air, surface, and geophysical impacts. Also, Mr. Matthews provided a manual for review titled "Promoting Best Practices in Oil and Gas Industry." He said several pages are marked for reference and suggested Council review. In closing, Mr. Matthews requested that the rezoning application be tabled to check the tax impact and review all ramifications, prior to moving forward. Andra Lozzi, 1263 Wendy Court, Kennedale, TX registered against Case #PZ 10 -01. Ms. Lozzi expressed concerns with the notification process of the public hearing, floodplain issues relating to the Key Branch, and tax reduction from AG zoning. Ms. Lozzi recommended that agriculture zoning be implied 300 to 600 feet within the well site, and the remaining property remain "R -3" Single Family zoning. John Hivale, 418 Coker Valley Drive, Kennedale, TX registered against Case #PZ 10 -01. Mr. Hivale addressed concerns related to the gas pipeline, fracking process, and conversion of the property to agriculture, in which he does not support. • Jim Haddock, 1407 Wren Court, Kennedale, TX registered against Case #PZ 10 -01. Mr. Haddock spoke of concerns with one entrance and exit to the subdivision and 3486 stated the zone change would only benefit applicant, which is reason enough to reject the requested zone change. Cheryl Abbott, 330 Little School Road, Kennedale, TX registered against Case #PZ 10 -01. Ms. Abbott expressed her concern with the one entrance and exit to the subdivision, and said that the applicant, Mr. Bowerman was the original developer of the Steeplechase Subdivision, and now is the property owner, and should not be considered an uninterested party to the property. With no further comments, Mayor Lankhorst closed the public hearing at 10:31 p.m. 4. Staff Response and Summary of Case — No staff response and summary was provided. 5. Applicant Response Mr. Bowerman indicated that he would be willing to give an easement for the extension of Coker Valley Drive if the City could extend the roadway without going through the middle of the property. 6. Action on Ordinance No. 450 Councilmember Miller moved to approve Ordinance No. 450, Case PZ 10 -01, re- zoning to "AG" Agriculture, second by Councilmember Turner. Councilmember's Miller, Turner, Clark, and Green voted aye, while Councilmember Johnson voted nay. Motion carried (4 -1 -0). H. 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 IX " 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 Bob Hart, City Manager disclosed that under the provisions of the Clean Water Act, the State and Federal Governments are now requiring cities with a population under 10,000 residents and within urbanized areas to come into compliance with some of the provisions of the Act dealing with stormwater regulations, in which Kennedale now meets those criteria. Mr. Hart implied that the City is in the middle of a five year phase in period and during that period, part of the plan includes adopting a series of ordinances and practices, which will include additional water quality testing. The City must demonstrate that we have an on -going way to pay for the city's share of the cost. The city would have three options available to pay for the services through either the tax rate, utility bills, or by the creation of a stormwater drainage utility fee. Mr. Hart indicated that the current budget recommended that this route be pursued due to the large number of creeks and contributories that are within the city limits, and drainage issues that are present. 3487 • Next, Diane Palmer with Palmer Price, Inc. provided a PowerPoint Presentation detailing Stormwater Utility Implementation. Mrs. Palmer indicated that a stormwater utility is an enterprise fund used for stormwater activities, which functions very much like a water /sewer fund or refuge fund. It can provide funding for compliance with TCEQ requirements; allow you to address ongoing operations and maintenance expenses; and solve flooding and water quality problems. Mrs. Palmer said if the stormwater utility implementation is put in place, it would have to remain for five years, in which revenues could only be spent on stormwater activities. Inventories of lots and parcels must be completed and a fee would be based on a drainage related parameter, and be figured and reasonable among all the classes. 2. Public Hearing Mayor Lankhorst opened the public hearing at 11:00 p.m. Tonya Eddleman, 916 Shady Vale, Kennedale, TX registered for the public hearing, but was not present at the time called. Elmer Moseley, 1210 Vera Lane, Kennedale, TX indicated that he was opposed to any new tax, and he saw this as a tax. Mr. Moseley said he understood that the bill requires the City to come into compliance, but it does not require the city to impose a tax on the citizens, just to fund the project. He said there are ways to do this by imposing a tax on goods that are sold in Kennedale, or the city could take monies out of the gas and oil royalties they are receiving and imply to this. No further comments, Mayor Lankhorst closed the public hearing at 11:01 p.m. 3. Staff Response and Summary Bob Hart, City Manager indicated that this item would be brought back before Council at the April meeting for final consideration. Public hearing to receive public input regarding a proposed Ordinance No. 448 of the City of Kennedale, Texas amending Chapter 23, Article IX "Stormwater (Drainage) Utility " S stem of the Kennedale City Code of Ordinances 1991 , as amended, by adding ty ( ) Y g 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 Bob Hart, City Manager indicated that this is the enabling ordinance that would be accompanied by a fee. He said it is within the context of the ordinance that Council would need to decide whether exemptions would be granted for city, county, and state properties, as well as churches and schools. S Also, Mr. Hart commented that there is a provision in the ordinance related to private organizations that have approved stormwater plans, which would allow them to receive a reduction in their fee. 3488 2. Public Hearing Mayor Lankhorst opened the public hearing at 11:04 p.m. Cheryl Abbott, 330 Little School Road, Kennedale, TX registered in opposition to the fee and expressed concerns with the addition of a four dollar surcharge. She indicated every city is cutting back on taxes, as well as fees being accessed. Ms. Abbot doesn't want to see another tax, as it is not a good time to increase additional charges to the citizens of Kennedale. Pat Doescher, 1404 Derby Dr., Kennedale, TX addressed Council on behalf of the Chamber, businesses, and as a resident requested Council to consider the economy when establishing a fee. She said to remember that eo le and businesses are p p struggling to get back on their feet with limited income, and to add more burden to them could cause more people to lose their home, lose their business, and leave Kennedale. In addition, the following persons registered in opposition to the fee: Terrie Beard, 936 Little School Rd., Kennedale, TX; Elmer Moseley, 1210 Vera Ln., Kennedale, TX; John Hivale, 418 Coker Valley Dr., Kennedale, TX; and Andra Lozzi, 1263 Wendy Ct., Kennedale, TX. No further comments, Mayor Lankhorst closed the public hearing at 11:07 p.m. 3. Staff Response and Summary • Bob Hart, City Manager indicated that this item would be brought back before Council at the April meeting for final consideration. K. Public hearing, review, and consider action to approve Ordinance No. 451, amending Chapter 17, of the Kennedale City Code (1991), as amended, by revising regulations governing outside storage and screening, including loading docks. 1. Staff Presentation Rachel Roberts, Planner indicated Council discussed this item during the work session, and that the City had been trying to clean its image and to make Kennedale a more attractive place to live and do business. The amendments proposed cover four topics, which are outside storage, outside display, screening, and loading docks. Ms. Roberts briefly addressed the recommend changes, and indicated that the Planning and Zoning Commission voted unanimously to recommend approval of the amendments. • 3489 • 2. Public Hearing Mayor Lankhorst opened the public hearing at 11:14 p.m., and with no persons registered so speak he closed the public hearing at 11:15 p.m. 3. Staff Response and Summary It was noted that this item would be placed on the April agenda for consideration. Councilmember Miller moved to table the item, second by Councilmember Green. Motion carried unanimously (5 -0). L. Review and consider action to approve IESI residential and commercial garbage rate increase for 2010, and provide for a pass- through of rates. Councilmember Green moved to approve IESI residential rate increase to $8.60, and commercial rate increase to $19.15, and to pass- through the rates. Councilmember Turner moved to second the motion. Councilmember's Green, Turner, Miller and Clark voted aye, while Councilmember Johnson voted nay. Motion carried (4 -1 -0). M. Review and consider action to authorize the City Manager to execute a License Agreement • with Barnett Gathering, L.P. Gathering, L.P. Councilmember Johnson moved to defer action on this item until the April 2010 meeting, second by Councilmember Green. Motion carried unanimously (5 -0). There being no further business, Mayor Lankhorst recessed the meeting to enter into executive session at 11:20 p.m. 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. 1. City Manager 3490 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. 3. 1000 E. Kennedale Parkway, Kennedale, Texas 4. 5500 Kennedale Parkway, Kennedale, Texas 5. 3830 Kennedale New Hope Road, Kennedale, Texas XIV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED. Mayor Lankhorst reconvened into open session at 12:40 a.m. A. Approval of Resolution No. 320, authorizing legal counsel to proceed with condemnation of a 0.104 of an acre tract of land situated within the W.E. Haltom Survey, Abstract 1791, and recorded in Instrument No. D206297201, Deed Records of Tarrant County, Texas; and a 0.192 of an acre tract of land situated within the W. E. Haltom Survey, Abstract 1791, and recorded in Instrument No. D206301482, Deed Records of Tarrant County, Texas, for a public roadway. Mayor Pro -Tem Clark moved to approve Resolution No. 320, authorizing legal counsel to proceed with condemnation procedures for the above properties, second by Councilmember • Turner. Motion carried unanimously (5 -0). XV. ADJOURNMENT There being no further business to consider, Mayor Lankhorst asked for a motion to adjourn the meeting. Councilmember Green so moved and Councilmember Turner seconded the motion. Meeting adjourned at 12:42 a.m. APPROVED: Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary • • StaffReport To the Honorable Mayor and City Council Date: April 8, 2010 Agenda Item No: XI -B. Subject: APPROVAL OF QUARTERLY INVESTMENT REPORT Originated by: Sakura Moten - Dedrick Summary: Per the Public Funds Investment Act (PFIA), a municipality must report to the governing body the status of funds invested by the City of Kennedale at least quarterly, in accordance with the City's Investment 110 Policy originally adopted on September 13, 2001. Attached is the report that outlines the percentage of the City funds invested in certain accounts, along with the market value of all invested funds. Also reported is a comparison of interest rates among the City's participating investment pools to the Treasury -bills that matured during the same quarter. Recommended Motion: Staff recommends approval. Disposition by Council: • CITY OF KENNEDALE QUARTERLY INVESTMENT REPORT • (4TH QUARTER AS OF DECEMBER 31, 2009) The Quarterly Investment Report provides the City's investment portfolio position as of the report period indicated above. Funds of the City are invested in accordance with the City of Kennedale Investment Policy as originally adopted on September 13, 2001 and subsequently reviewed on November 5, 2009. SUMMARY OF INVESTMENTS FOR THE QUARTER 54.10% of the City of Kennedale's Investments are owned by the Pooled Cash Fund. The following funds own percentages of the remaining investments: $5.15M 1998 CO Bond Fund /2007 Refunding (0.0 %), $2.735M 2007A CO Bond Fund (1.80 %), $2.9M 2007 CO Bond (7.50 %), and 2008 CO Bond Fund (36.60 %). As of the report period indicated above, 50.60% of the City's investments are in investment pools, while 2.20% are in reverse repurchase agreements in the form of a sweep account. The remaining 47.20% are invested in three (3) money market savings accounts. Both the sweep and money market savings accounts are collateralized by AAA rated securities. TexPool, TexasTerm, and TexStar have all declared the following: 1) Their investment portfolios meet the Public Funds Investment Act (PFIA), 2) they are rated as AAA money market funds by a nationally recognized rating service, and 3) the Net Asset Value of the pools are maintained within the required range at all times. 2009 lst Quarter 2nd Quarter 3rd Quarter 4th Quarter Beg Book Value (All) 15,553,040.05 15,878,196.11 15,266,442.89 13,224,927.38 Qtr Deposits 8,306,285.61 6,253,126.76 6,909,109.76 9,829,488.45 Qtr Withdrawals (8,010,817.65) (6,882,286.14) _ (5,628,252.76) (10,725,162.29) Interest Earned 29,688.10 17,406.16 11,671.59 7131.26 End Book Value (All) 15,878,196.11 16,266,442.89 13,224,827.38 12,336,384.80 Market Value 15,878,196.11 16,266,442.89 13,224,827.38 12,336,384.80 Of Investments 2008 lst Quarter 2nd Quarter 3rd Quarter 4th Quarter Beg Book Value (All) 12,340,730.67 13,083,728.51 11,874,306.46 15,782,234.92 Qtr Deposits 6,776,710.32 3,873,084.35 11,093,455 5,235,170.57 Qtr Withdrawals (6,149,708.93) (5,153,478.65) (7,254,837.25) (5,522,697.06) Interest Earned 115,996.45 70,972.25 69,310.71 69,065.56 End Book Value (All) 13,083,728.51 11,874,306.46 15,782,234.92 15,563,773.99 Market Value 13,083,728.51 11,874,306.46 15,782,234.92 15,563,773.99 Of Investments PORTFOLIO OF TERM INVESTMENTS The City does not currently own any fixed term maturities. PORTFOLIO OF AGENCY INVESTMENTS • The City does not current) own any agency securities. Y Y Y 9 Y INVESTMENT STRATEGIES The City's main objectives in managing the portfolio are as follows: (1) to diversify and to ensure safety of the principal, (2) to maintain sufficient liquidity to meet all operating requirements, (3) to make all investments with prudent judgment and care, and (4) to attain a rate of return commensurate with the City's investment risk constraints. The City does not purchase high -risk investments such as derivatives. The following table indicates investment rates for the three -month period ending as of the report period indicated above. MONTH TEXPOOL TEXSTAR TEXASTERM T -BILLS October -09 _ 0.2095% 0.2095% 0.2700% _ 0.1920% November -09 0.2112% 0.1986% 0.2600% 0.1790% December -09 0.2090% 0.1888% 0.2300% 0.1318% Average Rates 0.2099% 0.1990% 0.2533% 0.1676% This Time Last Year 1.7608% 1.5756% 2.1911% 1.6850% QUARTERLY RATE COMPARISON 1.2000% 0.9000% • 0.6000 °l0 0.3000% 0.0000% Oct -09 Nov -09 Dec -09 tTEXPOOL -- TEXSTAR TEXASTERM T -BILLS The average 13 week T -Bill Rate that matures during this quarter was Tess than the rates currently being offered by the investment pools. Most funds were invested in the investment pool in order to achieve the greatest liquidity while earning a competitive yield. NEW REPORTING REQUIREMENTS This report is in compliance with the investment strategies as approved and the Public Fund Investment Act. / 4, Sak o n- Dedrick, Director of Finance Bob Hart, City Manager • • • 00 , 0.1 C0 �� ill \ \ \ } / \ 0 .0 \ \ \ - ® - - - 10 - - - - - ark o CC ! & 69 co •ct co 0 so \ 0 8 0 ce co ( \ \ # \ 0 k§ ] § k ® ®- oi 2 C } \ \ \ \ co oo wo ; - \ EL 0 o ` Q n \ } / \ § \ \ \ w c \ - m oo § r E r \ \{ ( § 0 // 69 0 \ \ / \ 0 p ?: d .- 9 )§ - , ` s OS © - - § 4 o 03 0 0 er o § \ [ k k = / § , , _ 14 _ 11 2 ( 2 ! 9 ! 9 ! § § cc La cc A $ re re re g u_ § ( _ } E O. § E § ) 0 0 e a A e § in § § § m § ! , g u ( k 7 k r/\ k) 0 § § § \ § k § § w - •/ Li " LL § 0 0 Cl. 0� LL 0 a. 0o 1- ) a. ) k/ e § k§ w 111 w ILI w [ 0 0 W O ZU o Z o • W Q N m to o - LO CO N- 0 N M CO M CO N CO O 0) M V a r- CD 1- M O c) r- V N 01 W 0, V CO 01 U1 r` N 0 CO r LO O1 U (.4 c} N M r- M O O a) CO N N CO N r 0 0 0 N < CD M CO v N LL = O F co Z aO ❑ N J I- W 2 U Q Z a u tu 3a N F o N r O a M r O CO 01 0 CO r N O N O a) 4 M CO Cn O N o r V M CO 0 O W V 0 1 J O M 1� 00 CO M Z M C0 N V N CO CO N LL = 0 F V)Z } O Z N I- i_ ce M a w L U > w W Z U co • Y J a) Z ix p O 0 O1 t-- Ni; 0 < W _ (0 o 0, 0 0 06 v Co r-: rn 0 CO V n N 0 CO M M CO 01 0 < U 0 C0 N C)) N- CO O < W 0 M CO T CO N 0 0 d CO z Q O 0. ❑� cu 0. 3 0 CO 2 z CO ) ° z W 0 Z CO W H F NF W ❑ ❑ W O 0 ° 0 Z Z U c H m Z Q N 0 ~ a. 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O r N 0 a I— = 0) O N O) N CO 0 V V O (O 6) 00 (,)J O (o co 6) CO (O (O m O W O CO Z d c j N O r 0 0 a O O V O r W i- a C I— M 0- CO W V (O CO W 0) ( y O ( q O (n O) co (O (D CO r I r W () C > N O m N r o M N (O V I - � � = O Y N CO Q) (O (D O O) O O) N yi F y 0 r (V r r r r N W W m m ri Z 4`) c m m ❑ c m E:: m � go m rn C O a O. , O r 0 •c a N d 0 (n0 0 Z J 0 D O 0 0 00 O N. } W " O F 0� 0 0 0 0 H O O O • M❑ O co o m (0 F— zcn n nz W U ° � W O (n y00 0ry CO 0 �" d W • (� O Z Z Z ( (n rn N o j ❑ W H W ce Z I Q G Q 2 0 x (n n g IN < LL 1- ❑ a Q 00000 n n(nU 0 zm to co � * 00 0 a u i•- 00U` U` U` F W Wu'i NN¢ W 0 (n J ❑ • > a Et cC E CC EC Q Q Q Q W 0 a (» (» (» a Q' a U) >' 0 z. z N u_ 00000�Q � >- 0 N 00 wow 1-- 00000 W F LL 0 W Y J J J J J (n d d d d F-- !n ❑ iC Z a a z wwww > wwwwwww ?< a w Q 0 ¢ Ce ? O ? O CI) • CO ? I- I- I- HHF - H it z 0 z a z 1- z 0 z 1- f StaffReport To the Honorable Mayor and City Council Date: April 1, 2010 Agenda Item No: XI -C. Subject: Approval of Resolution No. 321 amending Resolution No. 314, calling a General Election to be held on May 8, 2010, and to include early voting sites conducted by other political subdivisions throughout Tarrant County. Originated by: Kathy Turner, City Secretary • Summary: The City Council previously adopted Resolution No. 314 calling for a general election to be held on May 8, 2010; and approved a joint contract with Tarrant County Elections Administrator to administer the election. Section 4 of the resolution requires that the City Council amend the resolution to include additional early voting sites added due to the joint elections conducted with other political subdivisions pursuant to the agreement entered into between those political subdivisions and Tarrant County. This resolution will designate such additional polling places for early voting by personal appearance throughout Tarrant County. Recommendation: Recommend approval. • RESOLUTION NO. 321 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, AMENDING RESOLUTION NO. 314, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 8, 2010, TO INCLUDE EARLY VOTING SITES CONDUCTED BY OTHER POLITICAL SUBDIVISIONS THROUGHOUT TARRANT COUNTY; 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 City Council has previously adopted Resolution No. 314 calling for a general election to be held on May 8, 2010 authorizing such general election to be held as a joint election conducted under the authority of Chapter 217 of the Texas Election Code, and approving a Joint Election Agreement between the City and Tarrant County; and WHEREAS, Section 4 of Resolution No. 314 requires that the City Council amend Resolution No. 314 to include additional early voting sites added due to joint elections conducted with other political subdivisions pursuant to an agreement entered into between those political subdivisions and Tarrant County; and • WHEREAS, by this Resolution, it is the intention of the City Council to designate such additional polling places for the early voting period of the May general election to allow for early voting by personal appearance throughout Tarrant County beginning on April 26, 2010 and continuing through May 4, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THAT: SECTION 1. Subsection a. of Section 4. of Resolution No. 314 is hereby amended to read: "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 at locations and on the dates and times indicated in Attachment 1. If there is any discrepancy between this Resolution and the Joint Election Agreement between Tarrant County and the City of Kennedale as to early voting locations or times, the Agreement shall control." Page 1 • SECTION 2. The remaining provisions of Resolution No. 314 shall remain in full force and effect. SECTION 3. This resolution shall be effective upon its adoption. PASSED AND APPROVED this 8 day of April, 2010. Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary Ill APPROVED AS TO FORM AND LEGALITY: Wayne K. Olson, City Attorney ill Page 2 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 VOTAC!ON TEMPRANO POR APARICION PERSONAL) April (Abril) 26 -30 Monday - Friday (tunes• Viemes) 8:00 a.m. - 5:00 p.m. May (Mayo) 1 Saturday (sabado) 7:00 a.m. - 7:00 p.m. May (Maya) 2 Sunday (Domingo) 11:00 a.m. - 4:00 p.m. May (Maya) 3 - 4 Monday - Tuesday (Lunen - Martes) 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 (VOTACI6N 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 0 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 para una boleta por correo pueden ser sometidas duronte el 9 de 0, y • Marzo de 20 30 de Abril de 2010 con uno de los siguientes requisitos:) 1. Age of voter is 65 or over on Election Day. (Edad del votonte es 65 0 mas el Dia de Election.) 2. Voter is disabled. (Votanteestaincapacitado.) 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 o #21a boteto debe ser enviada a la direction residential /direction de correo de regislro de vofante o a un hospital, cffnica porn convalectentes o ancianos /facilidad de cuidado de termino Largo, centro de jubilacibn o direction de un pariente. Debe indicar el parentesco del pariente.) 3. Voter is confined in jail - ballot must be mailed to the jail or address of a relative. The relationship of the relative must be indicated. Votonte encarcelado boletadebe serenviodaalacarcelo a la direction 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. (vatante espera estar afuera del condado el Dia de Election y durante las horas regufares de conduct votacfdn temprano - boleta debe ser enviada a una direction afuera del condado.) Applications must be received at the follbwing address NO LATER THAN FRIDAY, APRIL 30, 2010 (Los solicitudes deben ser recibidas a la direction siquiente NO MAS TARDAR DEL VIERNES, 30 de ABRIL de 2010) STEVE RABORN, EARLY VOTING CLERK (Secretario De Votacion Adelantada, Steve Raborn) PO BOX 961011 FORT WORTH, TEXAS 76161 -0011 • FOR VOTERS WffH ONSET OF AN ILLNESS ON OR AFTER APRIL 29, 2010, EMERGENCY BALLOT APPLICATIONS MUST BE RETURNED NO LATER THAN 5 PM, ELECTION DAY, AT THE ELECTIONS CENTER, 2700 PREMIER STREET, FORT WORTH, TX 76111 (SEC. 102.001, TEXAS ELECTION CODE.) (PARA • VOTAMES CON PRINCIPIOS OE UNA ENFERMEDAD ENO DESPUES DEL 29 OEABRR DE 2010, SOLICW.X PARA BOLETA DE EMERGENCIA MIEN SER REGRESADAS NO MAS TARDAR DE LAS 5 PM, EL DIA OE ELECCION, EN El CENTRO DE ELECCIONES, 2700 PREMIER ST., FORT WORTH, TX 7611 f (SEC. 102.001, CODIGo DE ELECCOON DETE!AX.) Rensed 3/152010 255:09 PN l EARLY VOTING FOR MAY 8, 2010 (VOTACION ADELANrADA DE 8 DE MAYO DE 2010) JOINT - GENERAL AND SPECIAL ELECTIONS (ELECC(ONES GENERALES Y ESFECIAtES CONJUMAS) 1. MAIN EARLY VOTING SITE, Tarrant County Elections Center Fort Wong 2700 Premier Street 14. Griffin Sub- Courthouse Fort Worth, Texas 76111 3212 Miller Avenue 27. Haltom C ity Civic Center :; 'Emergency ballots available Fort Worth, Texas 76119 3201 Friendly Lane At this location only Haltom City, Texas 76117 For Worth 15. HandleyMeadowbrook 28. Haslet Public Library Arlington Community Center 100 Gammil Street 2. Bob Duncan Center 6201 Beaty Street Haslet, Texas 76052 2800 South Center Street Fort Worth, Texas 76112 Arlington, Texas 76014 29. Hurst Recreation Center Fart Worth 700 Mary Drive Arlington 16. JPS Health Center Viola M. Pitts /Como Hurst, Texas 76053 3. Elzie Odom Recreation Center Lower Level Auditorium 1 1601 NE Green Oaks Boulevard 4701 Bryant Irvin Road N. Hurst Arlington, Texas 76006 Fort Worth, Texas 76107 30. Northeast Sub - Courthouse Arlington Fort Worth Hurst, Grapevine Highway Hurst, Texas 76054 4. Fire Training Center 17. Riverside Community Center in the Park 5501 Ron McAndrew Drive • 3700 East Belknap Street 31. Keller Town Hall Arlington, Texas 76013 Fort Worth, Texas 76111 1100 Bear Creek Parkway Fort Worth Keller, Texas 76248 Arlington 5. South Service Center 18. Sendera Ranch Elementary School 32. Kennedale Community Center 1100 SW Green Oaks Boulevard 1216 Diamond Back Lane 316 West 3b Street Arlington, Texas 76017 Haslet, Texas 76052 Kennedale, Texas 76060 Arliegto, Fort Worth 6. Tarrant County Sub - Courthouse 19. Southside Community Center 33. City of Lake Worth Council Chambers in Arlington 959 East Rosedale Street 3801 Adam Grubb (Southeast Sub-Courthouse) Fort Worth, Texas76104 Lake Worth, Texas 76135 700 E Abram Street Arlington, Texas 76010 Fort Worth 34. Mansfield Sub- Courthouse 20. Southwest Regional Library 1100 East Broad Street Ade 4001 Library Lane Mansfield, Texas 76063 7. B. J. Clark Annex Fort Worth, Texas 76109 Room 4 35. North Richland Hills Recreation Center 603 Southeast Parkway Fort Worth - 6720 Northeast Loop 820 Azle, Texas 76020 21. Southwest Sub - Courthouse North Richland Hills, Texas 76180 . 6551 Granbury Road 8. Bedford Public Library Fort Worth, Texas 76133 36. Richland Hills Community Center 1805 L. Don Dodson Drive 3204 Diana Drive Bedford, Texas 76021 Fort Wordy Richland Hilts, Texas 76118 22. Summergien Branch Library 9. Colleyville City Hall 4205 Basswood d 37. River Oaks City Hall • 1 00 Main Street Fort Worth, Texas s 76137 76137 4900 River Oaks Boulevard Colleyvills, Texas 76034 River Oaks, Texas 76114 Fort Worth 10. Crowley Community Center 23. Tarrant Courtly Plaza Building 38. Saginaw City Hall 900 East Glendale Street 201 Burnett Street 333 West McLeroy Boulevard Crowley, Texas 76036 Fort Worth, Texas 76102 Saginaw, Texas 76179 11. Euless Public Library Fort Worth 39. Southlake Town Hall 2l North P Eck'!" Drive 24. Worth Heights Community Center 1400 Main Street Euless, Texas 76039 3551 New York Avenue Soulhlake, Texas 76092 Fort Worth, Texas 76110 F orest Hill • 40. Watauga City Hall Grand Prairie 7105 Whdley Road 12. Mahaney Community Center 25. Starrett Elementary School 6800 Forest Hill Drive 2675 Fairmont Drive Watauga, Texas 76148 Forest Hill, Texas 76140 Grand Prairie, Texas 75052 41. White Settlement Recreation Center • Fort Worth 26. Grapevine Community Activities Cen ter 8213 White Settlement Road 13. Diamond Hill /Jarvis Library 1175 Municipal Way White Settlement, Texas 76108 1300 Northeast 35th Street Fort Worth, Texas 76106 Grapevine, Texas 76051 Temporary Branch Early Voting Locations (Ceseras Tempoales pars Votacidn Adetamada) L April (A5.026 28 , W ,z7 Monday Wednesday (L es n /e xxh4�. - M 4: A, ,,, 88 a 19 .J` _ 0 ' ^ 5 D O p m .-.s Solana Office Complex UTA - University of Texas at Arlington Westlake Town Offices EH Hereford Univetsiy Center 3 Village Circle 300 W. 1 Westlake, Texas 76262 Arlington, Texas 76019 Apnl 27 9 P ? ' Tuesda y Thursda (M Jueve) 4 q z 8 0 0 a r m 5 00 pm Blue Mound City Hall Dalworthington Gardens City Hall Villages of Woodland Springs Pantego Town Hall 301 Blue Mound Road 2600 Roosevelt Drive Amenity Butting 1614 South Bowen Road Blue Mound, Texas 76131 Delwodhinglon Gardens, Texas 76016 12209 Timberland Boulevard Pantego, Texas 76013 i Fort Worth, Texas 76248 ici Apr (A6e1) 3 S-Z X 33 ,, Fnday (triernesJ ))E r . ` +' A x 4 8 00 61 9, 5•00 p m A f r ,' s • , ;May (hdayo) i i ._ �� * 1:irday:(Sabado) x ;z , 7 00 a 7 D p ( ' h 1 May fMa}v) 2 ,` ,. S unday (Oomm 7100 am 4 00 p m r r �'- MayV(Mayo) 3 4 r Monday Tuesday (Limes Mattes) f `7 0 0 a m 7 00 p m . r Eagle Mountain- Saginaw East Regional Library ISD Administration Building 6301 Bodge Street 1200 Old Decatur Road Fort Worth, Texas 76112 Fort Worth, Texas 76179 Revised 3/192010 05529 PM 411 StaffReport To the Honorable Mayor and City Council Date: April 8, 2010 Agenda Item No: XI -D. Subject: AN ORDINANCE AMENDING FEES FOR CERTAIN CITY SERVICES Originated by: Sakura Moten - Dedrick Summary: • The purpose of this ordinance is to set forth those fees and charges authorized to be charged by the City of Kennedale pursuant to specific authorization by the City Council. Fees and charges help offset both direct and indirect costs associated with the administration, investigation and implementation of ordinances and regulations applicable to development, as well as numerous other City activities and operations. The City Council last approved revisions to this "schedule" of fees and charges on November 5, 2009. After further review, staff realized that we made an error under the "Water & Wastewater Fees" section. Specifically, costs were incorrectly noted. In an effort to remedy this, staff has updated the fees accordingly. New changes to the schedule are denoted in red. Incorrect data has been stricken. Recommended Motion: Staff recommends approval. Disposition by Council: • ORDINANCE NO. 452 • AN ORDINANCE AMENDING SECTION 2 -3 OF THE KENNEDALE CITY CODE (1991), AS AMENDED, BY ADOPTING OR AMENDING FEES FOR CERTAIN CITY SERVICES; PROVIDING FOR THE REPEAL OF FEES INCONSISTENT WITH THE FEES ESTABLISHED HEREIN; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, in order to offset costs associated with the administration, investigation and implementation of ordinances and regulations applicable to development and other activities, the city council has previously established a schedule of fees; and WHEREAS, the city council now desires to update its schedule of fees by amending or repealing certain fees and adopting new fees; and WHEREAS, the city council desires to repeal all previously adopted fees which are inconsistent with fees established by this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THAT: SECTION 1. Section 2 -3(a) of the Kennedale City Code (1991), as amended, is hereby amended by adopting the fees set forth in the Fee Schedule attached hereto as Exhibit "A." Page 1 SECTION 2. This ordinance shall be cumulative of all provisions of ordinances of the City of Kennedale, Texas, except where the provisions of this ordinance are in direct conflict with p th the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this • ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Kennedale are expressly saved as to any and all violations of the provisions of Section 2 -3 of the Kennedale City Code (1991), as amended, or any other ordinance or code provision affecting fees which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in Page 2 court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City of Kennedale is hereby directed to publish the caption, penalty clause, publication clause and effective date of this ordinance in every issue of the official newspaper of the City of Kennedale for two days, or one issue of the newspaper if the official newspaper is a weekly newspaper, as authorized by Section 52.011 of the Local Government Code. SECTION 7. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON THIS 8 DAY OF APRIL 2010. • Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: Wayne K. Olson, City Attorney Page 3 • °L� 88 tto - 0„0.;.. w s n. s s Y 5 0 c o 7, = o v o 7o -, o o .D o U- 0 C= o C o R• 0 N L O T o U. 0 a.) 7 c U 7 U .D O N � a n; O y U O c _. . 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Originated by: Bob Hart, City Manager • Summary: Barnett Gathering, L.P. is a pipeline company that transports gas from the wellhead to the market place. The routing of gas lines typically covers private property, public property, and public rights -of -way. Using rights -of -way is often preferable so that property is not encumbered with pipelines that may later serve as deterrents to development. The proposed agreement is premised upon the same concept as franchise agreements, in that the city will regulate the placement and depth of the line with a permit required at the time of construction, requires the relocation of the line in the event of street widening, the submission of as -built plans in a digital format, and payment for use of the right -of -way. The agreement has duration of 20 years. Further, it permits the payment of the annual payments in a lump sum payment with a discount rate of .92 %. The .92% figure is derived from the current two -year Treasury bill rate. As with current rights - of -way fees, the funds will be placed in the Streets Special Revenue Fund. Recommendation: 111 PUBLIC RIGHT -OF -WAY USE LICENSE (NATURAL GAS PIPELINE CROSSING) The following statements are true and correct and constitute the basis upon which the City of Kennedal• has executed this Agreement. A. Barnett Gathering, L.P. a Texas Limited Partnership ( "Company ") wishes to construct a pipeline for the transportation of natural gas under a Public Right -of -Way. B. The City has reviewed Company's request and agrees to grant Company a revocable license to use certain Public Rights -of -Way in order to construct, operate and maintain a pipeline, on the terms and conditions set forth herein, solely for the transportation of Gas and solely in accordance with the teems and conditions of this Agreement. 1. DEFINITIONS. Capitalized terms used in this Agreement and not otherwise defined within this Agreement shall have the following meanings: Affiliate shall mean any individual, partnership, association, joint stock company, limited liability company, trust, corporation, or other person or entity who owns or controls, or is owned or controlled by, or is under common ownership or control with, the entity in question. Agreement shall mean the authorization issued to Company hereunder to use the Public Rights -of -Way for (i) the construction, installation, maintenance and repair of Company's Pipeline; (ii) the use of such Pipeline for the transportation of Gas; and (iii) any other directly related uses of the Public Rights -of -Way, pursuant to and in accordance with this Agreement. Company shall mean Barnett Gathering, L.P. a Texas Limited Partnership only and shall not inclu any Affiliate or third party. City shall mean the area within the corporate limits of the City of Kennedale, Texas and the governing body of the City of Kennedale, Texas. Director of Public Works shall mean the Director of Public Works of the City of Kennedale or the Director of Public Works' designated representative. City Manager shall mean the City Manager of the City of Kennedale or the City Manager's designated representative. Commission shall mean the Railroad Commission of the State of Texas or other authority succeeding to the regulatory powers of the Commission. Customer shall mean any Person located, in whole or in part, within the City. Gas shall mean gaseous natural gas, liquefied natural gas, or any mixture thereof. Person shall mean, without limitation, an individual, a corporation, a limited liability company, a general or limited partnership, a sole proprietorship, a join venture, a business trust or any other form or business entity or association. other facilities approved shall mean the pipeline and oth pp roved by the City Manager that are installed Company in the Public Rights -of -Way in accordance with this Agreement. Page 1 Public Right - of - Way shall mean only those dedicated public streets, highways, alleys and rights -of -way III in the City identified in Exhibit "A" of this Agreement, attached hereto and hereby made a part of this Agreement for all purposes. 2. GRANT OF RIGHTS. 2.1 General Use of Public Rights -of -Way for Provision of Gas. Subject to the terms and conditions set forth in this Agreement and the City ordinances, the City, to the extent of its interest therein, hereby grants Company a revocable license to (i) erect, construct, install and maintain its Pipeline in, over, under, along and across the Public Rights -of -Way and (ii) transport Gas through the portions of its Pipeline in, over, under, along and across the Public Rights -of -Way. Company hereby acknowledges and agrees that this Agreement allows only the transportation of Gas through the City and does not allow Company to distribute, sell or otherwise provide Gas to any Customer. 2.2. Nonexclusive. This Agreement and all rights granted to Company herein are strictly nonexclusive. The City reserves the right to grant other and future licenses and other authorizations for use of the Public Rights -of -Way to other Persons and entities in accordance with applicable law and as the City deems appropriate; provided, however, that as to the grant of subsequent licenses for use of the same Public Rights -of -Way that is solely within the discretion of the City, if a dispute arises as to priority of the use of the Public Rights -of -Way, the City will resolve such dispute in a manner that does not result in unreasonable interference with Company's operation of the Pipeline for the purposes provided for herein. This Agreement does not establish any priority for the use of the Public Rights -of- Way by Company or by any present or future licensees or other permit holders. In the event of any III dispute as to the priority of use of the Public Rights -of -Way, the first priority shall be to the public generally, the second priority to the City in the performance of its various functions, and thereafter, as between licensees and other permit holders, as determined by the City in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the State of Texas. 2.3. Other Permits. This Agreement does not relieve Company of any obligation to obtain permits, licenses and other approvals from the City or other regulatory agency necessary for the construction, installation, maintenance or repair of Company's Pipeline or the transportation of Gas through such Pipeline. 2.4. Bonds. If any construction, maintenance and repair work in the License Area is undertaken by a contractor of Company, Company shall require such contractor to deliver to Company bonds executed by a corporate surety authorized to do business in the State of Texas and acceptable to the City in the proportional amount of the cost of work under the construction contract or construction project that will be performed by the contractor in the Public Rights -of -Way, or $50,000, whichever amount is greater. The bonds shall guarantee (i) the faithful performance and completion of all construction, maintenance or repair work in accordance with the contract between Company and the contractor and (ii) full payment for all wages for labor and services and of all bills for materials, supplies and equipment used in the perfounance of that contract; and (iii) that Company shall restore the right -of- -way affected by such cut, opening, or other excavation in a satisfactory and workmanlike manner; (iv) maintain such restoration work in a state of repair satisfactory to the City for a period of two years following the date the City approves the restoration; and fully comply with the City's ordinances • governing excavation in the public rights -of -way. If the Company meets its obligations under this Section, the City shall return the bond to the Company upon expiration of the two -year period. The bonds shall name both the City and Company as dual obligees. Page 2 3. TERM. This License shall become effective on the date as of which both parties have executed it ( "Effective Date ") and this license is granted for a period of twenty (20) years unless terminated earlier as provided herein. 111 4. FEES AND PAYMENTS TO CITY. 4.1. Right -of -Way Use Fee. On or prior to the Effective Date, and annually thereafter, Company shall pay the City as compensation for its use of the Public Rights -of -Way for the Term of this Agreement the sum of two thousand five hundred fifty -nine dollars and fifteen cents ($2559.15) ( "License Fee "). Company hereby acknowledges and agrees that the amount of this License Fee constitutes just and reasonable compensation for the cost to the City of administering, supervising, inspecting, and otherwise regulating the location of the gas pipeline, including maintaining records and maps of the location of the pipeline(s) contemplated by this Agreement. Licensee shall have the right to pay the entire sum of the License fee at time of execution and receive a .96% discount due to net present value of money obtained by City. 4.2. Other Payments and Interest. In addition to the License Fee, Company shall pay the City all sums which may be due the City for property taxes, license fees, permit fees, or other taxes, charges or fees that the City may from time to time impose on all other similarly situated entities within the City. All sums not paid when due shall bear interest at the rate of ten percent (10 %) per annum or the maximum amount allowed by law, whichever is less, computed monthly. If such outstanding sums are paid with interest within thirty (30) days following their respective due dates, Company's failure to pay such sums by their respective due dates shall not, in and of itself, constitute an Event of Default under Section 9 of this Agreement. 4.3 City Regulation of Placement. Prior to easement acquisition or installing Licensee' pipeline infrastructure across any land within the territorial limits of the City of Kennedale, Texas, Licensee shall confer with and seek the written approval of the City Manager or designee that the proposed route is not in conflict with the City's thoroughfare, drainage, parks, and utility master plans, as such plans exist on the day Licensee seeks the written approval of its proposed route from the City. Should the City Manager or designee conclude that Licensee's proposed route is in conflict with the City's thoroughfare, drainage, parks, and utility master plans, Licensee shall either abandon its proposed route or relocate its pipeline infrastructure in such a manner that it no longer creates a conflict with the City's master plans. 5. REGULATORY AUTHORITY OF THE CITY. Company's property and operations hereunder shall be subject to such regulation by the City as may be reasonably necessary for the protection or benefit of the general public. In this connection, Company shall be subject to, governed by and shall comply with all applicable federal, state and local laws, including all ordinances, rules and regulations of the City, as same may be adopted and amended from time to time. 6. USE OF PUBLIC RIGHTS -OF -WAY. 6.1. Compliance with Laws, Ordinances, Rules and Regulations. The City has the right to control and regulate the use of the Public Rights -of -Way, public places and other City -owned property and the spaces above and beneath them. Company shall comply with all applicable laws, ordinances, rules and regulations, including, but not limited to, City ordinances, rules and policies related to construction permits construction bonds, permissible hours of construction, operations during peak traffic hours, barricadint requirements and any other construction rules or regulations that may be promulgated from time to time. Page 3 6.2. No Undue Burden. The Pipeline shall not be erected, installed, constructed, repaired, replaced or maintained in any manner that places an undue burden on the present or future use of the • . Public Rights -of -Way by the City and the public. If the City reasonably determines that the Pipeline does place an undue burden on any portion of the Public Rights -of -Way, Company, at Company's sole cost and expense and within a reasonable time period specified by the City, shall modify the Pipeline or take other actions determined by the City to be in the public interest to remove or alleviate the burden. 6.3. Minimal Interference. 6.3.1 Notice. Prior to the undertaking of any kind of construction, installation, maintenance, repairs or other work that requires the excavation, lane closure or other physical use of the Public Rights -of -Way, Company shall, except for work required to address an emergency, provide at least 24 hours' advance written notice to the owners of property adjacent to the Public Rights -of- Way that will be affected. In the case of emergencies Company shall provide notice to the affected landowners within 24 hours after commencement of work. 6.3.2 Worksite Regulations. During any such work, Company shall provide construction and maintenance signs and sufficient barricades at work sites to protect the public. The use of such traffic control devices shall be consistent with the standards and provisions of Part VI of the Texas Manual on Uniform Traffic Control Devices. Company shall utilize appropriate warning lights at all construction and maintenance sites where one or more traffic lanes are closed or obstructed during nighttime conditions. Licensee shall plan and execute construction of the pipeline so that no flood conditions are created or worsened on the surrounding land. To minimize erosion, the excavated portion of the right -of -way adjacent to the improved portion of the road shall be revegetated in accordance with Exhibit `B ". 6.3.3 Burial. Company shall bury or have buried its pipeline facilities at least seven feet below the lowest point in said right -of -way, and shall encase such portion of the pipeline facilities in steel for the entire width of the right -of -way. During backfill of the pipeline excavation, "Buried Pipeline" warning tape shall be buried one foot above the pipeline to warn future excavators of the presence of the pipeline. 6.4. "As- Built" Plans and Maps. Company, at Company's sole cost and expense, shall provide the City with as -built plans of all portions of the Pipeline located in the City and the City's extraterritorial jurisdiction and maps showing such Pipeline within 90 calendar days following the completion of such Pipeline. Company shall supply the textual documentation of such as -built plans and maps in computer format as requested in writing by the City and shall otherwise fully cooperate with the City in ensuring that the Pipeline is accurately reflected in the City's mapping system. 6.5. Marking of Pipeline. The Pipeline shall be marked, in a manner that is acceptable to the City Manager, to show conspicuously Company's name and a toll -free telephone number of Company that a Person may call for assistance. 6.6. Pavement Cut Coordination and Additional Fees. The City shall have the right to coordinate all excavation work in the Public Rights -of -Way in a manner that is consistent with and convenient for the implementation of the City's program for street construction, rebuilding, resurfacing 1111 and repair. To preserve the integrity of the Public Rights -of -Way, Company shall not cut, excavate or otherwise breach or damage the surface of any paved Public Right -of -Way Company obtains written consent from the City Manager, pays an additional fee agreed to by and between the parties, and restores the Public Rights -of -Way in accordance with this Agreement. Page 4 6.7. Restoration of Public Rights -of -Way and Property. Company, at Company's sole cost and expense, and in a manner approved by the City, shall promptly restore any portion of the Public Rights - of -Way, City -owned property or other privately -owned property that are in any way disturbed damaged by the construction, operation, maintenance or removal of any of the Pipeline to, at Company' L. option, as good or better a condition as such property was in immediately prior to the disturbance or damage. Company shall diligently commence such restoration within 30 calendar days following the date that Company first became aware of the disturbance or damage or, if the Pipeline is being removed, within 30 calendar days following such removal. 6.8. Relocation of Pipeline. Within 45 calendar days following a written request by the City, Company, at Company's sole cost and expense, shall protect, support, disconnect or remove from the Public Rights -of -Way all or any portion of its Pipeline due to street or other public excavation, construction, repair, grading, regrading or traffic conditions; the installation of sewers, drains, water pipes or municipally -owned facilities of any kind; the vacation, construction or relocation of streets or any other type of structure or improvement of a public agency; any public work; or any other type of improvement necessary, in the City's sole discretion, for the public health, safety or welfare. If Company reasonably requires more than forty -five (45) days to comply with the City's written request, it shall notify the City Manager in writing and the City will work in good faith with Company to negotiate a workable time frame. Any relocation will require that the Director of Public Works, at Company's expense, approve Company's plans. 6.9. Emergencies. 6.9.1. Work by the City. For purposes of this Section 6.9.1, a public emergency shall be any condition which, in the opinion of the officials specified herein, poses an immediate threat to life, heal* or property and is caused by any natural or man -made disaster, including, but not limited to, storms, floods, fires, accidents, explosion, water main breaks and hazardous materials spills. In the event of a public emergency, the City shall have the right to take whatever action is deemed appropriate by the City Manager or Fire Chief, or their authorized representatives, including, but not limited to, action that may result in damage to the Pipeline, and Company hereby (i) releases the City, its officers, agents, servants, employees and subcontractors from liability or responsibility for any Damages, as defined in Section 7.1, that may occur to the Pipeline or that Company may otherwise incur as a result of such a response, and (ii) agrees that Company, at Company's sole cost and expense, shall be responsible for the repair, relocation or reconstruction of all or any of its Pipeline that is affected by such action of the City. In responding to a public emergency, the City agrees to comply with all local, state and federal laws, including any requirements to notify the Texas One Call System, to the extent that they apply at the time and under the circumstances. In addition, if the City takes any action that it believes will affect the Pipeline, the City will notify Company as soon as practicable so that Company may advise and work with the City with respect to such action. 6.9.2. Work by or on Behalf of Company. In the event of an emergency directly that involves that portion of the Pipeline located in the Public Rights -of -Way and necessitates immediate emergency response work on or repairs, Company may initiate the emergency response work or repairs or take any action required under the circumstances provided that Company notifies the City as promptly as possible. After the emergency has passed, Company shall apply for and obtain a construction permit from the City Manager and otherwise fully comply with the requirements of this Agreement. • 6.10. Removal of Pipeline. Page 5 6.10.1 Company obligated to Remove. Upon the revocation, termination or expiration without extension or renewal of this Agreement, Company's right to use the Public Rights -of -Way under this Agreement shall cease and Company shall immediately discontinue the transportation of Gas in or through the City. Within six (6) months following such revocation, termination or expiration and if the City requests, Company, at Company's sole cost and expense, shall remove the Pipeline from the Public Rights -of -Way (or cap the Pipeline, if consented to by the City), in accordance with applicable laws and regulations. 6.10.2 City's Right to Remove. If Company has not removed all of the Pipeline from the Public Rights -of -Way (or capped the Pipeline, if consented to by the City) within six (6) months following revocation, termination or expiration of this Agreement, the City may deem any portion of the Pipeline remaining in the Public Rights -of -Way abandoned and, at the City's sole option, (i) take possession of and title to such property or (ii) take any and all legal action necessary to compel Company to remove such property; provided, however, that Company may not abandon its facilities or discontinue its services within the City without the approval of the Commission or successor agency or any other regulatory authority with such jurisdiction. 6.10.3 Restoration of Property. Within six (6) months following revocation, telinination or expiration of this Agreement and in accordance with Section 6.7 of this Agreement, Company shall also restore any property, public or private, that is disturbed or damaged by removal (or, if consented to by the City, capping) of the Pipeline. If Company has not restored all such property within this time, the City, at the City's sole option, may perform or have performed any necessary restoration work, in which case Company shall immediately reimburse the City for any and all costs incurred in performing or having performed such restoration work. • 7. LIABILITY AND INDEMNIFICATION. 7.1. Liability of Company. Company shall be liable and responsible for any and all damages, losses, liabilities (joint or several), payments, obligations, penalties, claims, litigation, demands, defenses, judgments, lawsuits, proceedings, costs, disbursements or expenses (including, without limitation, fees, disbursements and reasonable expenses of attorneys, accountants and other professional advisors and of expert witnesses and costs of investigation and preparation) of any kind or nature whatsoever (collectively "Damages "), which may arise out of or be in any way connected with (i) the construction, installation, operation, maintenance or condition of the Pipeline or any related facilities or appurtenances; (ii) the transportation of Gas through the Pipeline; (iii) any claim or lien arising out of work, labor, materials or supplies provided or supplied to Company, its contractors or subcontractors; or (iv) Company's failure to comply with any federal, state or local law, ordinance, rule or regulation, except to the extent directly caused by the intentional misconduct of the City. 7.2. Indemnification. COMPANY, AT COMPANY'S SOLE COST AND EXPENSE, SHALL INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, BOARDS, COMMISSIONS, AGENTS, EMPLOYEES AND VOLUNTEERS ("INDEMNITEES"), FROM AND AGAINST ANY AND ALL DAMAGES WHICH M4 YARISE OUT OF OR BE INANY WAY CONNECTED WITH (I) THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE OR CONDITION OF THE PIPELINE OR ANY RELATED FACILITIES OR APPURTENANCES; (II) THE TRANSPORTATION OF GAS THROUGH THE PIPELINE; (HI) ANY CLAIM OR LIEN 1111 ARISING OUT OF WORK, LABOR, MATERIALS OR SUPPLIES PROVIDED OR SUPPLIED TO COMPANY, ITS CONTRACTORS OR SUBCONTRACTORS; OR (19 COMPANY'S FAILURE TO COMPLY WITH ANY FEDERAL, STATE OR LOCAL LAW, ORDINANCE, RULE OR REGULATION, ACT(S; OR (V) OR THE NEGLIGENT ACT OR OMISSION(S) OF THE CITY, ITS OFFICERS AND EMPLOYEES. Page 6 7.3. Assumption of Risk. Company hereby undertakes and assumes, for and on behalf Company, its officers, agents, contractors, subcontractors, agents and employees, all risk of danger conditions, if any, 011 or about any City -owned or City - controlled property, including, but not limited to, the Public Rights -of -Way. 7.4. Defense of Indemnitees. If an action is brought against any Indemnitee by reason of any matter for which the Indemnitees are indemnified hereunder, the City shall give Company prompt written notice of the making of any claim or commencement of any such action, lawsuit or other proceeding, and Company, at Company's sole cost and expense, shall resist and defend the same with reasonable participation by the City and with legal counsel selected by Company and specifically approved by the City. In such an event, Company shall not admit liability in any matter on behalf of any Indemnitee without the advance written consent of the City. 8. INSURANCE. Company shall procure and maintain at all times, in full force and effect, a policy or policies of insurance to provide coverages as specified herein, naming the City as an additional insured and covering all public risks related to the use, occupancy, condition, maintenance, existence or location of the Public Rights -of -Way and the construction, installation, operation, maintenance or condition of the Pipeline, including the transportation of Gas through the Pipeline, as follows: 8.1. Primary Liability Insurance Coverage. a. Commercial General Liability: $5,000,000 per occurrence, including coverage for the following: (i) Premises Liability; (ill independent contractors; (iii) products /completed operations; (iv) personal injury; (v, contractual liability; (vi) explosion, collapse and underground property damage. b. Property Damage Liability: $10,000,000 per occurrence c. Automobile Liability: $1,000,000 per accident, including, but not limited to, all owned, leased, hired or non -owned motor vehicles used in conjunction with the rights granted under this Agreement d. Worker's Compensation: As required by law; and, Employer's Liability as follows: $1,000,000 per accident. 8.2. Requirements and Revisions to Required Coverage. The City may, not more than once every five years during the team of this Agreement, revise insurance coverage requirements and limits required by this Agreement. Company agrees that within ninety days of receipt of written notice from the City, Company will implement all such revisions requested by the City. The policy or policies of insurance shall be endorsed to provide that no material changes in coverage, including, but not limited. to, cancellation, termination, non - renewal or amendment, shall be made without 30 days' prior writtei. notice to the City. The policies and Certificate of Insurance provided to the City shall contain the following language: Page 7 CANCELLATION CLAUSE 0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE L POVIDE 30 DAYS WRITTEN NOTICE THEREFORE, ISSUING TO THE NAMEDCERTIFICATE WILL PROVIDE 8.3. Underwriters and Certificates. Company shall procure and maintain its insurance with underwriters authorized to do business in the State of Texas and who are acceptable to the City in terms of solvency and financial strength. Within thirty (30) days following adoption of this Agreement by the City Council, Company shall furnish the City with certificates of insurance signed by the respective companies as proof that it has obtained the types and amounts of insurance coverage required herein. No construction shall commence until such certificates are received. In addition, Company shall, on demand, provide the City with evidence that it has maintained such coverage in full force and effect. 8.4. Deductibles. Deductible or self - insured retention limits on any line of coverage required herein shall not exceed $25,000 in the annual aggregate unless the limit per occurrence, or per line of coverage, or aggregate is otherwise approved by the City. 8.5. No Limitation of Liability. The insurance requirements set forth in this Section 8 and any recovery by the City of any sum by reason of any insurance policy required under this Agreement shall in no way be construed or affected to limit or in any way affect Company's liability to the City or other persons as provided by this Agreement or law. 9. DEFAULT. The occurrence at any time during the term of this Agreement of one or more of the • following events shall constitute an "Event of Default" under this Agreement: 9.1. Breach. An Event of Default shall occur s t forth in th materially Agreement or fails to perform any the terms, covenants, representations or warranties obligation required by this Agreement. 9.2. Bankruptcy, Insolvency or Receivership. An Event of Default shall occur if Company (i) files a voluntary petition in bankruptcy; (ii) is adjudicated insolvent; (iii) files any petition or fails to contest any petition filed against it seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any laws relating to bankruptcy, insolvency or other relief for debtors; (iv) seeks, consents to or acquiesces in the appointment of any trustee, receiver, master, custodian or liquidator of Company, any of Company's property or any revenues, issues, earnings or profits thereof; (v) makes an assignment for the benefit of creditors; or (vi) fails to pay Company's debts generally as they become due. 9.3. Violations of the Law. An Event of Default shall occur if Company violates any existing o1 future federal, state or local laws or any existing or future ordinances, rules and regulations of the City. 10. UNCURED DEFAULTS AND REMEDIES. 10.1. Notice of Default and Opportunity to Cure. If an Event of Default occurs on account o : Company's failure to pay the License Fee in accordance with Section 9.1, such Event of Default shall bf • deemed an Uncured Default and the City shall have the right to terminate this Agreement immediatel] upon provision of written notice to Company. If an Event of Default occurs for a reason other than fo failure to pay the License Fee, the City shall provide Company with written notice and shall give Company the opportunity to cure such Event of Default. For an Event of Default, Company shall hav Page 8 days from the date it receives written notice from rom the City to cure the Event of Default. If any Event 30 y without cified herein such Event of Default shall, of Default is not cured within the time period spe �� � exercise t may "Uncured t and the City immediately m City, become an Uncured Defaul Y 1 further notice from the C y, remedies provided in Section 10.2. 10.2. Remedies for Uncured Defaults. Upon the occurrence of an Uncured Default, the City shall be entitled to exercise, at the same time or at different times, any of the following remedies, all of which shall be cumulative of and without limitation to any other rights or remedies the City may have: 10.2.1. Termination of Agreement. Upon the occurrence of an Uncured Default, the City may terminate this Agreement. Upon such tenmination, Company shall forfeit all rights granted to it under this Agreement and, except as to Company's unperformed obligations and existing liabilities as of the date of termination, this Agreement shall automatically be deemed null and void and shall have no further force or effect. Company shall remain obligated to pay and the City shall retain the right to receive License Fees and any other payments due up to the date of termination. Company shall remove the Pipeline from and restore the Public Rights -of -Way as and when requested by the City. The City's right to terminate this Agreement under this Section 10.2.1 shall does not and shall not be construed to constitute any kind of limitation on the City's right to terminate this Agreement for other reasons as provided by and in accordance with this Agreement; provided, however, that Company may not abandon the Pipeline without the approval of the Commission or successor agency or other regulatory authority with jurisdiction, if such action without such approval is prohibited at the time by applicable federal or state law or regulation. 10.2.2 Legal Action Against Company. Upon the occurrence of an Uncured Default, to City may commence against Company an action at law for monetary damages or in equity, fk,_ injunctive relief or specific performance of any of the provisions of this Agreement which, as a matter of equity, are specifically enforceable. 11. PROVISION OF INFORMATION. 11.1. Filings with the Commission. Company shall, upon request, provide copies to the City of all documents which Company files with or sends to the Commission concerning or related to its transportation of Gas through or other operations in the City, including, but not limited to, filings related to (i) tariffs; (ii) rules, regulations and policies requested, under consideration or approved by the Commission; and (iii) applications and any supporting pre -filed testimony and exhibits filed by Company or third parties on behalf of Company, on the same date as such filings are made with the Commission. In addition, Company shall provide the City with copies of records, documents and other filings that Company is required to maintain or supply to the Commission under any applicable state or federal law, rule or regulation. 11.2. Lawsuits. Company shall provide the City with copies of all pleadings in all lawsuits to which Company is a party and that pertain to the granting of this Agreement and /or the transportation of Gas through the City within thirty (30) days of Company's receipt of same. 12. COMPANY AS INDEPENDENT CONTRACTOR. The parties agree that Company shall if. p as an independent contractor as to g all rights and privileges granted by this Agreement, and not as an ag representative or employee of the City. Company shall have the exclusive right to control the details of its bush_ , and other operations necessary or appurtenant to the transportation of Gas in accordance with the terms and conditions of this Agreement, and shall be solely responsible for the acts and omissions of its off agents, servants, employees, contractors and subcontractors. Company acknowledges that the doctrine of respondeat superior shall not apply as between the City and Company, its officers, agents, employees, contractors and • subcontractors. Company further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between the City and Company. 13. ASSIGNMENT PROHIBITED. Company may not assign or otherwise transfer any of its rights or obligations under this Agreement unless specifically authorized in writing by the City, which authorization shall not be unreasonably withheld. 14. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (i) hand- delivered to the other party, its agents, employees, servants or representatives, or (ii) received by the other party by United States Mail, postage prepaid, return receipt requested, addressed as follows: To THE CITY: To COMPANY: City of Kennedale Barnett Gathering, L.P. Attn: City Manager Attn: Will Winston 405 Municipal Drive 810 Houston Street Kennedale, Texas 76060 Fort Worth, TX 76102 15. NON - DISCRIMINATION COVENANT. Company shall not discriminate against any person on the • basis of race, color, national origin, religion, handicap, sex, sexual orientation or familial status in the receipt of benefits from Company' s business operations, in any opportunities for employment with Company or in the construction or installation of the Pipeline. 16. NO WAIVER. The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any rights that the City may have, either under this Agreement or the law, shall not constitute a waiver of the City's right to insist upon appropriate perfotinance or to assert any such right on any future occasion. 17. GOVERNING LAW AND VENUE. This Agreement shall be construed pursuant to and in accordance with the laws of the United States of America and the State of Texas. If any action, whether real or asserted, at law or in equity, arise out of the terms of this Agreement, Company's transportation of Gas or Company's use of the Public Rights -of -Way, venue for such action shall lie exclusively in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 19. MISCELLANEOUS PROVISIONS. 19.1 Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a fmal order entered by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. For purposes of this Agreement, a court order shall be final only to the extent that all available legal rights and remedies pertaining to such order, including, without limitation all available appeals, have been exhausted. In such an event, the City and Company agree that they shall amend or • have amended this Agreement to comply with such final order entered by a court of competent jurisdiction. 19.2. Force Majeure. In the event Company's performance of any of the terms, conditions or obligations required by this Agreement is prevented by a cause or event that is not within Company's reasonable control, Company's non - performance shall be deemed excused for the period of such inability. Causes or events that are not Page 10 within the Company's control shall include, but not be limited to, acts of God, strikes, sabotage, riots or civil disturbances, failure or loss of utilities, explosions and natural disasters. 19.3 Headings not controlling. Headings and titles, other than those captions in Section 1, that are used 010 this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 19.4 Entirety of Agreement. This Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Company as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with the teims and conditions of this Agreement. This Agreement shall not be amended unless agreed to in writing by both parties and approved by the City Council of the City. 19.5 No Waiver. The failure of the City to insist upon the performance of any provision of this Agreement or to exercise any rights that the City may have, either under this Agreement or the law, shall not constitute a waiver of the City's right to insist upon appropriate performance or to assert any such right on any future occasion. EXECUTED as of the later date below: CITY OF KENNEDALE: BARNETT GATHERING, L.P. A Texas Limited partnership: By: XTO Resources I, GP, LLC Its General Partner By: By: • Date: Date: APPROVED AS TO FORM: By: City Attorney i Page 11 EXHIBIT "A" • • Page 12 EXHIBIT `B" Page 13 MAINTENANCE BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 s BOND NO. 105279388 KNOW ALL MEN BY THESE PRESENTS: That Barnett Gathering, LP, 810 Houston Street, Fort Worth, Texas 76102 as Principal, hereinafter called Contractor, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, as Surety, hereinafter called Surety, are held and firmly bound unto The City of Kennedale, 405 Municipal Drive, Kennedale, TX 76060 as Obligee, hereinafter called Owner, in the penal sum of Fifty Thousand and No /100 ($50,000.00), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement, dated March 4, 2010 entered into a contract with Owner for Public Right of Way Use for Pipeline Crossings, in accordance with the General Conditions, the Drawings and Specifications, which contract is by reference incorporated herein, and made a part hereof, and is referred to as the Contract. • • OW, THEREFORE, the condition of this obligation is such that, if Contractor shall remedy any defects due to faulty aterials or workmanship which shall appear within a period of Two (2) year(s) from the date of substantial completion of the work provided for in the Contract, then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that Owner shall give Contractor and Surety notice of observed defects with reasonable promptness. SIGNED and sealed this 4th day of March, 2010. Barnett Gathering, LP Principal (Seal) By: Y�1 J L Joy UVebs tef, Vice President TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA R Surety (Seal) By `_ 1 7 i. - . t i 1 • - - - - - -- Teresa Godsey, Attorney- in -.F- • S- 2326 -1 (07 -97) WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER I POWER OF ATTORNEY I TRAVELERS i I Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company 0j o 1 u6.04 x 0 -. Attorney -In Fact No. 215661 Certificate No. KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Teresa Godsey, Stuart L. Iverson, Linda White, and Brenda McCaw of the City of Fort Worth , State of Texas , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of, guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. _ 24th WITNF WHEREOF, the Compgthave caused this instrument to be si ned and their corporate seals to be hereto affixed, this uay of , . Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company_ St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company (��� j ..r....., tY A ym.vwmn. TY G A SU,1� iY j • • ., ,,, _pD $IIR�T o , ..... •. P.� INS!', Jpl Hp �1tp 5Ug F Ip ' �E1� A� O AP.R / ":4- U �cnoa• O Cx' * CQ. F ,,,,10""z, t T O :' '' v ... ,, - yl�` Q` C O r � r a 9 %. J < ;P � C�E 9 $ r �4 5 S O o MTEO 1 Ei- E 1 41 R 17 y v ''''` 41N INCCq @F m z �( m� i fi � 1 9 8 2 O 1 � .9]7 n c � ' 92 7 4� € = f : - - - : � ; W HAflTFORD, � a H4R'1FCRD. � � 1896 z C ; 7 1951 N C iv _ I SE lo' i -''; = CONN. C 0.4M. fg in r �' �•., °�.$EAL.'3 w o O "M+ECC'�' - aD 7 Y l * ' .1 , � coe / A - a . : a a, v� e A N , y �� �' b k4 , 1-�' '17 W r ''' 9 / .0 v " �iq�•CnNGE o,.�c y, t ., y ...... a ` s + - v ? ! �A on • N FNEW � „ „� . ■s,;, •� � s . . t .f t � F a �,,a°� A!N d • ov*, State of Connecticut By: ANIIIMI, City of Hartford ss. Georg:J Thompson, senior ice President 24th July 2008 On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that be, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G •• Witness Whereof, I hereunto set my hand and official seal. f ` e , . 4y Commission expires the 30th day of June, 2011. f 1 PUMA * I Marie C. Tetreault, Notary Public t't*E 58440 -5 -07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER .- , _ _ WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vic President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or. writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power 4 prescribed in his of her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 4th day of Ma rch , 20 1 Q Kori M. Johanso Assistant Secretary 1. U.� 1Y .l 'l •� _ DSUFErp, cc o FlRE� ' b't, _rPN Iq s a • • tY A N\ ,y }1F y ,p�ay09•P°'i/ 6 ' p ; pa°Wa Cr �. y � CAYi frQO .FG`yj ;• • V J. ....... C 4 P � OS .aa',t01 ...9� Y�TY C s c INU LO RA >E2 a ? FPORF .. (i : 9 $�y`./'` m FQRAiEO i sN m = m; , �u ,.- ' w 1982 0 ' a _ -. ___ , � a c 19 c> o S `� �� � z w a £ f f `: � _ a Hp RfFORD, K � 4 � IRC prS � q � ` � z 19 51 i '' � �. SE '"% �i CDNN. o e� I 0. ' 989 L;o, f }" "'�s�a O °' • h b �'.. ...... - i d. . ... �< ' ; V '' " ' 0 6 �/1 a� - - iii yN \ pFNEW ���mw. \ IS . AN ..... pi a ,{ b Fl a t � APY� To verify the authenticity of this Power of Attorney, call 1- 800 - 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. • WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Cert ID 24213 ACOFID CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD /YYYY) 3/3/2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Hub International Rigg ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Main Street, Suite C -50 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR t Worth TX 76102 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 820 -8100 (817) 870 -0310 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A Underwriter's at Lloyds 15792 XTO Energy Inc.; Barnett Gathering, LP; Trend INSURERB: Hartford Casualty Insurance Co 29424 Gathering & Treating, LP 810 Houston Street, Suite 200 INSURERC: New Hampshire Insurance Co 23841 Fort Worth TX 76102 INSURERD: Max Specialty Ins Co /Travelers I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR ILLSBr, TYPE OF INSURANCE POLICY NUMBER DATE (MM /DD //Y) DATE (MM /DD /YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X X COMMERCIAL GENERAL LIABILITY 205330 4/1/2009 4 1 2010 PREMI ETORENTED A / / PREMISES (Ea occurence) $ 100,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5, 000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 — 7 POLICY PRO- LOC ,IFCT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT B X X ANY AUTO 46UENIY8502 7/28/2009 7/28/2010 (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS (Per accident) $ III PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ 10, 000, 000 A X OCCUR CLAIMS MADE 205331 4/1/2009 4/1/2010 AGGREGATE $ 10, 000, 000 $ DEDUCTIBLE $ X RETENTION $ 10,000 $ 9/28/2009 9/28/2010 X WCSLIMIT C WORKERS COMPENSATION AND WC1591645 9 ER / TORY LIMITS ER EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D OTHER Oil Lease Property / MAX5IM0010726 7/28/2009 7/28/2010 Oil Lease Property $10,000,000 Any One Occurrence Boiler & Machinery BN21- 59528469 7/28/2009 7/28/2010 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS THE CITY OF KENNEDALE, TEXAS AND ITS OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE ADDITIONAL INSURED ON ALL LIABILITY POLICIES EXCEPT WORKERS' COMPENSATION AS REQUIRED BY WRITTEN AGREEMENT. WAIVERS OF SUBROGATION IS PROVIDED IN FAVOR OF ADDITIONAL INSURED ON ALL POLICIES PER WRITTEN AGREEMENT. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN a of Kennedale City Manager NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL unicipal Drive IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Kennedale TX 76060 AUTHORIZED REPRESENTATIVE , I ' CORD 25 (2001/08) © ACORD CORPORATION 1988 Page 1 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 14110 • ACORD 25 (2001108) Page 2 of 2 • Staff Report To the Honorable Mayor and City Council Date: April 8, 2010 Agenda Item No: XI -F. Subject: Approval to authorize expenditure of seizure funds. Originated by: Police Chief Tommy Williams Summary: In 2009 we were awarded a grant under the federal stimulus package. The grant funds were administered on a county -wide basis and were based on population. The funds were applied for through the county and • a portion of the grant funds went to them for use in some of their programs such as the narcotics task force. After the county's administrative costs were deducted, our portion was $15,989.00. It was decided that we would utilize the funds to begin the process of updating our portable radio stock. Our radios are no longer supportable under contract and it is becoming increasingly difficult to locate parts for repairs. Many of our radios are 10 to 15 years old. provider, solicited bids for replacements from our radio maintenance p o vider , who is a Motorola dealer. We are required to use Motorola radios due to proprietary software issues with the trunk radio system. The total bid for seven radios is $16,907.70. This is $918.70 over the allotted amount from the grant. We are requesting the expenditure of $918.70 from the Police Department's seizure fund to complete the purchase of these radios. Under the requirements of Chapter 59 of the Code of Criminal Procedure seizure funds can only be spent by the chief law enforcement official but must be approved by the governing body. Recommendation: Staff recommends the expenditure. • Disposition by Council: • StaffReport To the Mayor and Council Members Date: April 1, 2010 Agenda Item No: XI -G. Subject: Consider authorizing the city manager to make an emergency expenditure of $37,273.00 for the replacement of the well pump and motor on Trinity well site #3, located at 501GaiI Street. Originated by: Larry Ledbetter, Director of Public Works • Summary: On or about March 18th 2010 Trinity well #3 ceased operating. In Y Y order to identify the source of the problem, Milligan well service was contracted to pull the well, pump and motor. The pump and motor were taken to Gicon Pump Company in Fort Worth, Texas for tear down and inspection. The electric motor and pump were both found to be corroded beyond repair. The main culprit was found to be normal wear and tear and electrolysis or stray DC voltage which attacks the manganese in the ductile iron parts of the pump and motor. The existing pump and motor have been in operation for more than 6 years. The T - well is an integral part of the overall water system, providing upwards of 350 gallons of water per minute to the distribution system. A new pump and motor are required to place this well back in service. Recommendation: Staff recommends approval of the emergency expenditure. Disposition by Council: • • • 111 Staff Report To the Honorable Mayor and City Council Date: March 31, 2010 Agenda Item No: XI -I-( Subject: Approval of Change Order No. 1 for Bowman Springs Road (TNP #KEN08305 - 02). Originated by: Larry Hoover, Street Superintendent Summary: The Bowman Springs Road project awarded to Jackson Construction Ltd. by the City Council on January 14, 2010 for $2,548,158.00 is currently in the early stages of construction. The contractor and the city engineer discovered some • items that need to be addressed for the project. The first three items on the change order are a result of plan reviews from the Texas Department of Transportation (TXDOT). Items four (4) and five (5) are field changes that are common as the exact location, depth, size and number of pipes in the ground are not known till they are located by excavation. These items will improve the systems by removing these conflicts and increase the safety for any future work that may be performed at these areas. Item six (6) resulted from a revision in the bridge design criteria from Teague, Nall and Perkins Engineers. Item seven (7) is the addition of electrical conduit and the concrete structures necessary for the street lights along the roadway for the project and is the majority of the cost that is associated with the change order. The total for the change order is $111,222.82. The changes made will dictate that some items in the contract will no longer be required. These are listed as deletions and total $23,820.00 leaving a net increase of $87,402.82. The contractor has asked to add thirty (30) days to the contract to complete the added items. The contract totals will increase from $2,548,158.00 to $2,635,560.82 and the time will increase from 365 calendar days to 395. Recommendation: Staff recommends approval 1 • StaffReport To the Honorable Mayor and City Council Date: April 1, 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 S not considered to be routine, and will require separate discussion, in sequence, as a routine agenda item. Recommendation: Disposition by Council: 1111 Staff Report • To the Honorable Mayor and City Council Y t3' Date: April 1, 2010 Agenda Item No: XII -I Subject: Review and consider action on Tarrant County Road Bond Projects for Little School Road and Sublett Road. Originated by: Bob Hart, City Manager Summary: The City had three projects approved under the Tarrant County transportation program: Bowman Springs Road, Sublet Road, and Little - School Road. • Bowman Springs is under construction. Residents have approached council about design changes, specifically removing the medians and the roundabouts. Medians serve to improve vehicular safety and access management while also providing refuge for pedestrians crossing the roadway. In addition, medians can serve as an aesthetic enhancement to the roadway and to create focal gateways for neighborhoods and districts. Landscaped medians can be as small as six feet wide but should be no greater than 16 feet wide in urban contexts. In addition to their operational and safety functions, well- designed and landscaped medians can serve as a focal point of the street or an identifiable gateway into a community, neighborhood, or district. Medians can be used to create tree canopies over travel lanes, render attractive landscaping and provide space for urban design features. Operational and safety benefits of medians include providing storage for turning vehicles, enforcement of turn restrictions, reduction of conflicts, reduction of certain types of crashes such as head -on collisions and provision of space for vehicles crossing the thoroughfare at unsignalized intersections. Roundabouts are permit designed to ermit the continuous movement of traffic 9 through intersections. They serve as traffic calming structures and reduce the intensity of vehicular accidents. Roundabouts are particularly well suited for the intersections along Little- School and Sublet because there is not sufficient traffic flow to justify traffic control devices such as stop signs or signal lights. Page 1 of 2 The staff will repeat the PowerPoint from the last meeting for those residents who may not have heard it. The Youth Advisory Council will also present their proposed design for the roundabout at Sublet and Wildcat Way. Based on the last meeting, the mayor and staff met with the engineers and requested modifications to the design including turnarounds at approximately 600' and reduction in right -of -way needs at the north end of Little - School to avoid taking additional right -of -way from the north three properties affected when the road was widened several years ago. Recommendation: Council action will be required to change the current design of the roads with medians and roundabouts. i Page 2 of 2 Tarrant County Road Projects City Council Review February 11, 2010 Road Projects Timeline 1 • 2000 - Transportation plan adopted • • 2005 - Tarrant County bond election and invitation to cities to submit proposed projects • December 2005 - City submitted and was approved for: — Bowman Springs Road — Little- School Road — Sublett Road • July 2007 - City Council design review • December 2007 - Proposed design submitted to County for approval in May 2008 — Design initiated by city's engineers (Teague, Nall, & Perkins) Road Projects Timeline Con't • August 2009 Bowman Springs right -of -way acquired • February 2010 Bowman Springs notice to proceed issued (construction to begin Feb. 22"d) • October 2009 Sublett Road right -of -way acquisition began • May 2010 — Sublett Road to be bid • April 2010 — Little - School Road right -of -way to be acquired and project to be bid late 1 County Participation Parameters • Preservation of 4 -lane right -of -way • Increase roadway and /or intersection capacity • County's share of the road projects: — Bowman Springs Road $2,182,700 — Sublett Road $1,761,575 — Little - School Road $2,263,450 • Projects must be initiated and completed in a timely fashion 2007 Project Review • Traffic Projections: — Bowman Springs - 1 lane required in 2030 • — Sublett —1+ lane required in 2030 — Little- School —1 lane required in 2030 • Concern with speed on 4 -lane road • Traffic patterns at Sublett and Little- School intersections • Need for traffic calming features Project Review Actions • Current design adopted based on traffic projections • Instal round -a -bouts for key intersections to permit smooth left- turning movements — prevents potential for traffic accidents because of over- regulated intersections (round -a -bouts are safer than conventional intersections) — Assists in air quality by reducing idling vehicles (DFW region is a non - attainment area for air quality) • Install round -a -bouts as traffic calming features • Medians separate conflicting traffic movements and slow traffic speeds 1111 2 • Community Issues • Negative image in Metroplex 9 9 p — Sexually oriented businesses — Appearance of Kennedale Parkway — Salvage yards • Reputation for not completing projects (Bowman Springs Road and bridge) • Desire for a dramatic difference from Arlington • Desire for a design element to link community • Current roadway design was significant selling point for TownCenter developer and QT • Infrastructure activity has led to more interest in investing in Kennedale Roadway Design Studies /Examples • 4 -lane pavement in front of residential is a III negative property influence — medians are preferable • Medians on roads fronting residential property help hold property values • Medians provide visual linkages for communities • Sidewalks encourage a sense of community and provide alternative means of transportation f! L am . . � {3 5r' b'i M � �'3 .1 ti C., ,,, . ,:. ,.. t t. , , .... _..* .., ":7-2Nrf *, n III -7,-.:.•,__,1„. ; f,-.7-:.':. - - . 3 I I • r /_____.._,t._._,__._..:„_,..4 . ...vew _ y "°"s(. l v _ - 1 � "l tr [ xc Roadway Design Studies/ Examples — _� Con't • Travel lane is 16' which permits a vehicle to pass a stopped vehicle • • Medians are designed to permit u- turns without backing -up • Acquisition of right -of -way necessitates an examination of driveway width to insure emergency vehicle access Roadway Design Studies /Examples _ - Co 't • Roadway set to outer lanes for drainage purposes • Should 4 -lanes be needed in the future, medians will be removed and lanes added to the inside III 1 4 . Summary Design was recommended to: — provide dramatic design change for Kennedale — help induce investment in the community — hold or increase property values 5 • Staff Report to the Honorable Mayor and City Council Date: March 27, 2010 Regular Meeting /Public Hearing XII J. Item No: Subject: Closing a part of Municipal Drive Originated by: Rachel Roberts, Planner PZ Case 10 -02, a public hearing to receive public input regarding a petition to close a portion of Municipal Drive, located adjacent to the Kennedale Retail Center Addition within Kennedale, Texas, from approximately the location of the driveway at City Hall to 1111 where Municipal Drive intersects 3rd Street. Background: The plans for the Kennedale TownCenter Planned Development include the use of part of Municipal Drive for parking; the funding for constructing the parking will come through the Municipal Management District. The regulations of the Municipal Management District require the street to be closed in order for it to spend funds on the parking project. The Kennedale Economic Development Corporation is petitioning the City to close that portion of Municipal Drive that would be needed for parking. The attached illustration shows the portion of Municipal Drive that would be closed, and a metes and bounds description is also included with this staff report. Access to City Hall and to the other properties north of the requested closing would still be available from the north end of Municipal Drive. Both the north and south ends of Municipal Drive will still be open, but going from one end to the other would require driving through the TownCenter parking lot, around Lot 8. Closing part of Municipal Drive will create a landlocked lot (Lot 8). The property owner and petitioner, the Kennedale Economic Development Corporation, plans to replat the property so that the closed portion of the road will become part of Lot 8. The fire lane that will • run along the north side of Lot 8 will then be dedicated as public access, eliminating the landlock issue. The City is negotiating with AT &T for AT &T's portion of Municipal Drive to be included in the closure. If AT &T decides against closing that part of the Municipal Drive side of its Page 1 of 2 property, the City will adjust the boundaries of the section to be closed so that the AT &T portion is excluded. • City staff sent letters to owners of real property within 200 feet of the requested closing and provided legal notice through the newspaper. Planning staff received comments from one resident, who opposed the closure due to concerns about increased traffic along Third Street. She will be unable to attend the meeting, so she submitted comments ahead of time. Her sign -in form submitted to the Planning & Zoning Commission is included with this report. Past Action and Recommendation: The Planning & Zoning Commission held a public hearing on this case during its meeting on March 18. The Commission voted to recommend approval of the petition and to ask the City Council to consider requiring landscape screening to be planted along the street side of the proposed parking lot for Lot 2 of the Kennedale TownCenter. • • Page 2 of 2 I 0 1 . 2 §8 o Q a ■ . dos a a r I �� c • a,_ o " �� g ab x A .- W W oS u. °R4 u. P.in �y N n a * LL I„ O <, ..., <. a z3 ° 1 , , i iii, p ". : &R Z. osm .o $ <� n£ " y °s i a 8 p s ''')./.. a W n g 5 3 1 1 � p��� F a • `. Y 3 Ya ; ,T i s ow :-.L. .< 3a p, , Q C, sr petio M: /".." 44.t .,3A - i r _ i i 'Y'p44p'v 3M•132 o 1 b b .j 0 1 t' \\ a\ ` ,, 4'R 1 ' h G h 44�',lpOF S4 ■ Wry .11 t 0 • Nh9 r.6 o f ;. _..- _ _ �,� L ,',• i w'2' 'mH it tit, 4, 1. ___ __ ' � P 54 * Dm `' dt :.ZZ �•' • 'h� r_u i i C•{ 1 • +'I' 1.1-13..., _b i ; 1 C i E , I r t tg ` ._.._.._._.. x ari3ald 7i NM ! , - ag o_ i ap __ 0 , MI i 7— . i ' I 1 i t7ALUQ 'IVdDINRW �� i ' zv �n`inw i o 0 3 11 ° . ° � s o j 0 o 1 . " 7 . . • CITY OF KENNEDALE PUBLIC HEARING SIGN -IN FORM PZ Case 10 - 02 to receive public input regarding a petition to close a portion of Municipal Drive, located adjacent to the Kennedale Retail Center Addition within Kennedale, Texas, from approximately the location of the driveway at City Hail to where Municipal Drive intersects 3rd Street. 1. NAME: :I5tdif: / ADDRESS: c,j ((�, c�, Act '` 5V , /6,f/.�/-e i4-1,- /) ZIP 2&,4 PHONE NUMBER: U t7- 3 7 /Fp . 2. I HEREBY ❑ WISH TO ADDRESS THE COMMISSION. DO NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. I AM REGISTERING ❑ FOR )(AGAINST THE PETITION. ( y V -e w 4011A - Yd sf . ni/ Dve, -tote d urvt v cIDes a O+ wan.h -jo- koe, �Jatk ©f 4. IN REGISTERING, I REPRESENT: MYSELF ❑ THE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR G OUPS: 5. THEIR BUSINESS ADDRESS IS: SIGNATURE: J ire DATE: ORDINANCE NO. 453 AN ORDINANCE VACATING AND ABANDONING A PORTION OF MUNICIPAL DRIVE IN THE CITY OF KENNEDALE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE AS PUBLIC RIGHT -OF -WAY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas is a home rule city acting under its charter adopted by the electorate pursuant of Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Kennedale, after careful study and consideration, has determined that the right -of -way located in a portion of Municipal Drive is not being used by, nor useful or convenient to the public in general; therefore, it constitutesa public charge without a corresponding public benefit, and the publicwould be better served and benefitted by its vacation and abandonment; and WHEREAS, in connection with the vacation of said right -of -way, the City Council desires to retain the property for purposes of providing parking for adjacent park, municipal facility, and TownCenter uses; and WHEREAS, the real property adjacent to Municipal Drive right -of -way is owned by the City of Kennedale, the Kennedale Economic Development Corporation and Southwestern Bell Telephone Company; and WHEREAS, for and in consideration for the City agreeing to utilize the vacated and abandoned right -of -way for the above uses, the Kennedale Economic Development Corporation and Southwestern Bell Telephone Company have agreed to convey their underlying ownership interests in and to the real property to the City. W:\ Kennedale \ORDINANC \Vacate.Municipal Drive.wpd (03/02/10) Page 1 NOW THEREFORE, BE IT ORDAINED BY THE CITYCOUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. That portion of Municipal Drive described in Exhibit "A" attached hereto is vacated and abandoned as public property. The right -of -way so vacated and abandoned shall revert in fee simple to the City of Kennedale, Texas. SECTION 2. The Mayor of the City of Kennedale, Texas, is hereby authorized and directed to accept a deed or deeds from the abutting property owners in the form shown in Exhibit "B ", transferring all claims to title, ownership, orcontrol of the underlying real propertywithin the right -of -wayto the City of Kennedale, Texas. A copy of these deeds shall be presented for filing with the County Clerk of Tarrant County, Texas by the office of the City Secretary. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section ofthis ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. W; Kennedale \ORDINANC \Vacate.Municipal Drive.wpd (03/02/10) Page 2 SECTION 4. This ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AND APPROVED ON THIS DAY OF , 2010. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY W:\ Kennedale \ORDINANC \Vacate.Municipal Drive.wpd (03/02/10) Page 3 Exhibit "A" PROPERTY DESCRIPTION OF RIGHT -OF -WAY BEING VACATED W:\ Kennedale \ORDINANC \Vacate.Municipal Drive.wpd (03/02/10) Page 4 EXHIBIT "A" r Being 0.781 acres of land located in the Canzada Rose Survey, Abstract No. 1285, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at an 1/2" iron rod found at the Southeast corner of Lot 1, Block 1, Municipal Addition, an addition to the City of Kennedale, Tarrant County, Texas according to the plat recorded in Cabinet A, Slide 6502, Plat Records, Tarrant County, Texas; THENCE N00 °11'52 "W, a distance of 569.57 feet along the East line of said Lot 1 to a point lying S00 °11'52 "E a distance of 50.33 feet from the most Easterly Northeast corner of said Lot 1; THENCE N89 °42'14 "E, a distance of 59.98 feet to a point in the West line of a tract of land described in the deed to Southwestern Bell Telephone Company recorded in Volume 3156, Page 453, Deed Records, Tarrant County, Texas, from which a Southwestern Bell Telephone Company monument found at the Northwest corner of said Telephone Company tract bears N00 °12'10 "W a distance of 138.99 feet; THENCE S00 °12'10 "E, a distance of 60.93 feet along said West line to a Southwestern Bell Telephone Company monument found at the Southwest corner of said Telephone Company tract, said monument being the Northwest corner of Lot 3R, Block A, Kennedale Retail Addition, an addition to the City of Kennedale, Tarrant County, Texas according to the revised plat recorded in County, Clerks Document No. D209321169, Deed Records, Tarrant County, Texas; THENCE S00 °07'52 "E, a distance of 508.44 feet along the West line of said Block A to an 1/2" iron rod found at the Southwest corner of Lot 2R in said Block A, Kennedale Retail Addition; III THENCE S89 °30'49 "W, a distance of 59.40 feet to the point of beginning, containing 0.781 acres of land. The bearings recited hereon are oriented to NAD 83 North Central Texas Grid. '•' / • ( y . 6E ASLEY ) i � ' '4 III 1 Exhibit "B" QUITCLAIM DEED W:\ Kennedale \ORDINANC \Vacate.Municipal Drive.wpd (03/02/10) Page 5 QUITCLAIM DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § Notice of Confidentiality Rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your Social Security Number or your Driver's License Number. For and in consideration of the sum of Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the Kennedale Economic Development Corporation ( "Grantor ") does hereby bargain, sell, convey and quitclaim unto the City of Kennedale, Texas ( "Grantee "), whose address is 405 Municipal Drive, Kennedale, Texas 76060, all of Grantor's right, title and interest in and to that certain right of way and land (the "Property ") described in Exhibit A attached hereto and incorporated herein. TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the Property, togetherwith all and singular the rights and appurtenances belonging in anyway to Grantor, unto Grantee, its successors and assigns forever, and neither Grantor nor Grantor's heirs, personal representatives, successors or assigns shall have, claim or demand any right, title or interest in all or any part of the Property. EXECUTED this day of , 2010. KENNEDALE ECONOMIC DEVELOPMENT CORPORATION By: Robert Mundy, President W: \Kennedale \Deeds \Quitclaim Municipal Drive.wpd (02- 26 -10) STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Robert Mundy, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of the Kennedale Economic Development Corporation for the purposes and consideration expressed therein. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2010. (SEAL) Notary Public, State of Texas W: \Kennedale \Deeds \Quitclaim Municipal Drive wpd (02- 26 -10) QUITCLAIM DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § Notice of Confidentiality Rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your Social Security Number or your Driver's License Number. For and in consideration of the sum of Ten and No /100 Dollars ($10.00) and other good and valuable consideration, Southwestern Bell Telephone Company ( "Grantor ") does hereby bargain, sell, convey and quitclaim unto the City of Kennedale, Texas ( "Grantee "), whose address is 405 Municipal Drive, Kennedale, Texas 76060, all of Grantor's right, title and interest in and to that certain right of way and land (the "Property ") described in Exhibit A attached hereto and incorporated herein. TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the Property, together with all and singular the rights and appurtenances belonging in anyway to Grantor, unto Grantee, its successors and assigns forever, and neither Grantor nor Grantor's heirs, personal representatives, successors or assigns shall have, claim or demand any right, title or interest in all or any part of the Property. EXECUTED this day of , 2010. SOUTHWESTERN BELL TELEPHONE COMPANY By: its W: \Kennedale \Deeds \Quitclaim Municipal Drive- 002.wpd (02- 26 -10) STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of Southwestern Bell Telephone for the purposes and consideration expressed therein. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2010. (SEAL) Notary Public, State of Texas W: \Kennedale \Deeds \Quitclaim Municipal Drive- 002.wpd (02- 26 -10) QUITCLAIM DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § Notice of Confidentiality Rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your Social Security Number or your Driver's License Number. For and in consideration of the sum of Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the ( "Grantor ") does hereby bargain, sell, convey and quitclaim unto the City of Kennedale, Texas ( "Grantee "), whose address is 405 Municipal Drive, Kennedale, Texas 76060, all of Grantor's right, title and interest in and to that certain right of way and land (the "Property ") described in Exhibit A attached hereto and incorporated herein. TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the Property, together with all and singular the rights and appurtenances belonging in anyway to Grantor, unto Grantee, its successors and assigns forever, and neither Grantor nor Grantor's heirs, personal representatives, successors or assigns shall have, claim or demand any right, title or interest in all or any part of the Property. EXECUTED this day of , 2010. By: , its W:\ Kennedale \ORDINANC \Vacate.Municipal Drive.wpd (03/02/10) Page 6 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of the for the purposes and consideration expressed therein. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 20 (SEAL) Notary Public, State of Texas W:\ Kennedale \ORDINANC \Vacate.Municipal Drive.wpd (03/02/10) Page 7 PETITION FOR THE VACATION OF A PORTION OF MUNICIPAL DRIVE, A PUBLIC STREET IN THE CITY OF KENNEDALE, TEXAS. TO THE MAYOR AND CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: The undersigned petitioner hereby makes application for the vacation, abandonment, and closure of a portion of Municipal Drive as described in the attached exhibit. Exhibit No. 1 is metes and bounds legal description and a graphic depiction of the street sought to be vacated. As the owner of the property abutting a portion of Municipal Drive to be abandoned, I understand that the City will waive the fee for the appraisal of the street or alley we are requesting to be abandoned and vacated. I further acknowledge and agree that all right, title and interest in the property underlying the portion of the street being vacated shall be conveyed to the City. The current street has been and is being used as a public street. All necessary public utilities have consented to the vacation of the street. By my signature, I am affirming that I have authority to sign on behalf of the entity that owns the property that abuts the street that I am requesting be vacated, closed and abandoned. KENNEDALE ECONOMIC DEVELOPMENT CORPORATION Printed Name /Title Signature Address /Phone Number THE STATE OF TEXAS § COUNTY OF TARRANT § Page 1 On this day of , 2010, BEFORE ME, the undersigned authority, on this day personally appeared known to me to be a credible person and the signer of the foregoing petition, and who, after being by me duly sworn, did upon (his)(her) oath state that the information contained in such application is true and correct to the best of (his)(her) knowledge and belief. Notary Public, State of Texas Page 2 PETITION FOR THE VACATION OF A PORTION OF MUNICIPAL DRIVE, A PUBLIC STREET IN THE CITY OF KENNEDALE, TEXAS. TO THE MAYOR AND CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: The undersigned petitioner hereby makes application for the vacation, abandonment. and closure of a portion of Municipal Drive as described in the attached exhibit. Exhibit No. 1 is metes and bounds legal description and a graphic depiction of the street sought to be vacated. As the owner of the property abutting a portion of Municipal Drive to be abandoned, I understand that the City will waive the fee for the appraisal of the street or alley we are requesting to be abandoned and vacated. I further acknowledge and agree that all right, title and interest in the property underlying the portion of the street being vacated shall be conveyed to the City. The current street has been and is being used as a public street. All necessary public utilities have consented to the vacation of the street. By my signature. I am affirming that I have authority to sign on behalf of the entity that owns the property that abuts the street that I am requesting be vacated, closed and abandoned. SOUTHWESTERN BELL TELEPHONE COMPANY Printed Name /Title S ignature Address /Phone Number THE STATE OF TEXAS § COUNTY OF TARRANT § Page 1 On this day of , 2010, BEFORE ME, the undersigned authority, on this day personally appeared known to me to be a credible person and the signer of the foregoing petition, and who, after being by me duly sworn, did upon ( his)(her) oath state that the information contained in such application is true and correct to the best of (his)(her) knowledge and belief. Notary Public, State of Texas Page 2 Staff Report To the Honorable Mayor and City Council Date: March 1, 2010 Regular Meeting /Public Hearing Agenda Item No: XII -K. Subject: Public hearing, review of Ordinance No.. 451, amending Chapter 17, of the Kennedale City Code (1991), as amended, by revising regulations governing outside storage and screening, including loading docks. Originated by: Rachel Roberts Summary: Over the past several years, the city has been working to improve its image and to take steps to eliminate commercial and industrial practices that project a • negative image for Kennedale. To that end, the Planning and Zoning has identified the need to update the city's current outside storage and screening regulations. The Commission drafted amendments to the city code and held a public hearing on those amendments during its February 18 meeting. The proposed amendments apply almost exclusively to commercial and industrial uses; residential uses would be affected only when those uses have trash dumpsters, such as for apartment complexes. The amendments cover four topics: outside storage, outside display, screening, and loading docks. Outside Storage. would enhance the city's existing outside storage The amendments y g a regulations. 9 The proposed amendments would not prohibit outside storage, but they would expand what is considered outside storage to include items intended for service, lease, or rent. Currently, our ordinance only includes items intended for sale in its definition of outside storage, so for example, a company that stores equipment outside may not be covered under the outside storage regulations if that equipment is for rent, rather than for sale. As you'll see from reading through the proposed amendments, the 25' spacing • requirement from the public street to the nearest right -of -way line is borrowed from the Business 287 Overlay District regulations [Sec. 17- 420(h)(1)(a)]. The other recommended changes are intended to protect the health and safety of the community, and not simply to improve the city's image. For example, the 1111 Commission recommends that outside storage be prohibited from blocking fire lanes or lines of sight for incoming and outgoing vehicles. The amendments are also intended to help enforce existing codes. For example, the amendments would prohibit outside storage from being located within any required parking spaces, which would reinforce the city's existing parking regulations. Outside display. The recommended amendments governing outside display are similar to those recommended for outside storage. Kennedale does not have outside display regulations, except that our code allows the outside display of merchandise in the normal course of retail business in commercial zoning districts. The Commission and city staff believe it would benefit the city to regulate outside display so that outside display is done in a way that does not negatively affect the health, safety, or welfare of the community. Screening. The screening - related amendments pertain only to dumpsters and outside storage. As you'll see when reading through the recommended amendments, the amendments describe the materials that may be used for screening, their height and design, and their maintenance. • Loading docks. Except for Sec. 17 -420 (Overlay districts), our code contains very little regulation of loading docks. Sec. 17- 424(e) controls where loading docks may be constructed and how many berths are permitted and requires asphalt or concrete surfaces. Except in the overlay districts, loading docks are not required to be screened. The recommended amendments would require screening for any loading dock facing a public street and would allow city staff to review the design of the screening materials. Past Action on these Amendments. During its February 2010 meeting, the Planning & Zoning Commission voted to recommend approval of the amendments. • [Recommended additions to the city code are underlined.] 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, service, lease, or rent), 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. S (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 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 any required setbacks or within any required 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 Tots 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 impede vehicular traffic flow on adjacent 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 • 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 right -of -way 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; 110 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 granting an exception will not negatively affect the city's ability to protect the health, safety, and welfare of the city. Sec. 17 -425. Screening requirements. ( c ) Garbage, refuse and trash collection /storage areas to be screened. Garbage, • 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. III (ii) If vegetation is used for screening, native and adapted, drought tolerant 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. II 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 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. (5) Hei•ht of screenin. 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: [see ordinance for existing table; not proposed to be changed at this time] (g) 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: 1111 Page 5 of 6 • t ( r O a � (v g CI 4 Eight foot high ( n opaque screen ( 50' Loading Dock Setback 11 lir 25' Building Setback 48' -+—j 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. (1) Loading 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. (i) Approval of screening design. Screening designs must be approved by the director of development before construction or installation of screening may begin. 1111 Page 6 of 6 • Insert Ordinance No. 451 • • • Staff Report To the Honorable Mayor and City Council Date: April 8, 2010 Agenda Item No: XII -L. Subject: AN ORDINANCE AMENDING CHAPTER 23 OF THE KENNEDALE CITY CODE OF ORDINANCE (1991), AS AMENDED, BY ADDING A NEW ARTICLE IX "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: Bob Hart Summary: In 1989, after larger cities in the State of Texas started having to fund numerous activities to meet Federal and State water quality regulations, the State Legislature authorized local governments to create a Stormwater Utility System dedicated to the management of its stormwater (drainage and water quality) facilities and activities. The legislation also allowed for the levying of a dedicated fee to fund the utility. Over the last six months, the City Council has been reviewing the potential funding sources that may be available to begin incrementally solving stormwater quality and drainage problems including, county, state and federal monies for special projects and, in particular, the possible establishment of a Stormwater (Drainage) Utility that would be dedicated to stormwater activities. The City of Kennedale has identified numerous existing drainage systems throughout the City that do not function properly during heavy rainfall with regard to draining excess stormwater runoff safely and effectively. The current cost estimates to address these problems total to more than $80 million, with $34 million in the Village Creek watershed alone. After On March 11, 2010, the City Council held a hearing to receive comments and suggestions from the public concerning a Stormwater Utility. Upon approval of both the Stormwater Utility and rate structure ordinance by the City Council, it is anticipated that the new fees will go into effect during the May billing cycle. Below is a brief summary of the Stormwater Utility timeline and community notification process that has occurred: Articles Published (Kennedale Dispatch) ✓ November 2009: City's Ongoing Stormwater Activities ✓ December 2009: Council Is Considering A Stormwater Utility ✓ January 2010: Council Is Considering A Stormwater Utility Ordinances Published (Kennedale News) ✓ January 08, 2010 ✓ January 15, 2010 ✓ January 22, 2010 Questions & Answer Brochure (Utility Bills) ✓ December 2009 ✓ January 2010 Public Hearings (City Council Meeting) ✓ February 11, 2010 - Postponed Due To Snow Storm ✓ March 11, 2010 Ordinances Considered (City Council Meeting) ✓ April 08, 2010 Recommended Motion: Staff recommends approval of the Stormwater Utility. Disposition by Council: • • ORDINANCE NO. 447 AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, AMENDING CHAPTER 23 OF THE KENNEDALE CITY CODE OF ORDINANCES (1991), AS AMENDED, BY ADDING A NEW ARTICLE IX, "STORMWATER (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; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas (City) is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and • WHEREAS, within the City there exists a stormwater (drainage) system developed over a number of years that collects and directs stormwater runoff; and WHEREAS, portions of the existing stormwater (drainage) utility system are inadequate to collect and directs stormwater runoff within the City; and WHEREAS, it is necessary to ensure that the collection of stormwater runoff and direction of stormwater drainage within the City protects the public health, safety, and welfare of City residents, as well as protects against property damage; and WHEREAS, the City Council desires to address the various water quality and environmental issues that may further burden its stormwater (drainage) infrastructure; and protect against surface water overflow, standing surface water, and pollution; and WHEREAS, the City Council desires to establish a stormwater (drainage) utility system, as authorized by the Texas Local Government Code Chapter 552, Subchapter C "Municipal Drainage Utility Systems," (the "Act ") within the City's municipal boundaries; and WHEREAS, the Act further authorizes the City to establish a municipal stormwater (drainage) utility system service area; provide rules for the use, operation, and financing of the system; declare, after a public hearing, the City's stormwater • (drainage) system to be a public utility; and prescribe bases upon which to fund a H: \CITY COUNCIL \ORDINANCES \2010 ORDINANCES \Ordnance No. 447 - Stoonwater Drainage.doc Page 2 stormwater (drainage) draina utility system and to assess the fees and charges to support g) Y Y g pp ort the system; and provide exemptions of certain p p certa n governmental entities; and WHEREAS, the City desires to adopt the Act and establish a stormwater (drainage) utility system as a public utility; and WHEREAS, it is the intent of the City to fund the stormwater (drainage) utility system in a manner that fairly, equitably and in a non - discriminatorily manner allocates the cost of stormwater control and treatment to properties in proportion to stormwater runoff potential for each class of property; and WHEREAS, proper notice has been given and a public hearing has been held regarding the adoption of this Ordinance, as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THAT: SECTION 1. Chapter 23 "Water, Sewers, and Sewage Disposal ", of the Kennedale City Code, is hereby amended to add a new Article IX, which reads: "ARTICLE IX. STORMWATER (DRAINAGE) UTILITY SYSTEM DIVISION 1. GENERALLY Sec. 23 -501. Authority to create Stormwater (Drainage) Utility System. The City does hereby declare under the Texas Constitution and the Texas Local Government Code, Chapter 552, Subchapter C, The Municipal Drainage Utility System Act (the "Act "), that said Act is hereby adopted and it is declared that the stormwater drainage of the City of Kennedale (the "City ") shall be a public utility. Pursuant to the provisions of Section 552.046 of the Act, the City incorporates its existing stormwater (drainage) facilities, materials, equipment, and supplies into the Stormwater (Drainage) Utility System ( "Stormwater (Drainage) System" or "Utility "). Sec. 23 -502. Findings and determinations. (a) Determination of Utility Service Area. The Stormwater (Drainage) System shall serve the City, the boundaries of which shall be the City's municipal boundaries. (b) It is hereby found, determined, and declared that the City shall: (1) Ensure that the cost of operating and maintaining the Stormwater (Drainage) System, and the financing of necessary repairs, • replacements, improvements, and extension thereof must be H: \CITY COUNCIL \ORDINANCES \2010 ORDINANCES \Ordnance No. 447 - Stormwater Drainage.doc Page 3 • directly related to stormwater (drainage) service and the terms of the stormwater (drainage) utility fees; (2) Provide stormwater (drainage) facilities and services for benefitted real property within the utility service area upon payment of the stormwater (drainage) utility fee unless the property is exempt under Section 23 -513; and (3) Establish a schedule of stormwater (drainage) utility fees for benefitted properties within the utility service area in accordance with the provisions of the Act; and (4) Offer stormwater (drainage) service under non- discriminatory, reasonable, and equitable terms. Sec. 23 -503. Application. This Article applies to the owner or user of a benefitted property within the utility service area, as determined by Section 23 -502, to which stormwater (drainage) service is provided, either directly or indirectly. Sec. 23 -504. Definitions. The following definitions shall apply to the establishment and operation of the Stormwater (Drainage) System: Act means Chapter 552, Subchapter C "Municipal Drainage Utility Systems," of the Texas Local Government Code, as amended. Allocated portion of a parcel means the part a parcel that has been assigned to an owner or customer based on the portion used by the owner or customer as compared to the parcel's total area. Benefitted property means an improved parcel, lot or tract within the utility service area to which stormwater (drainage) service is made available under this Article. All real property within the utility service area directly or indirectly receive stormwater (drainage) service. City means the City of Kennedale, Texas and the City's officers and employees. Customer means the person(s) or entity(ies) recorded as the customer or user of utility services for a parcel based on the records of the City or its contracted utility billing systems. S Director of Public Works means the City's Director of Public Works or his /her designee responsible for the administration and enforcement of this Article. H: \CITY COUNCIL \ORDINANCES \2010 ORDINANCES \Ordnance No. 447 - Stormwater Drainage.doc Page 4 Equivalent residential unit (ERU) means a unit of measurement of impervious surface area calculated for the average single family residential property within the utility service area, as measured in square feet (SF), including the residential structure, garage, driveway sidewalk, patio, out buildings, and any other impervious surface. Impervious surface means a surface that has been compacted or covered with a layer of material so that it is resistant to penetration by water and does not have a vegetative cover. An Impervious surface includes, but is not limited to, compacted soil with a surface treatment, gravel, crushed stone surface or soil compacted by vehicle traffic, asphalt or concrete pavement, a parking lot, a driveway, a sidewalk or private roadway, a building or artificial structure, or any surface that changes the natural landscape and increases, concentrates, pollutes, or otherwise alters the flow or amount of stormwater runoff. Impervious area means a measurement in square feet (SF) of impervious surface on which the amount of stormwater runoff potential for a benefitted property within a customer class is estimated. Improved parcel means a parcel, lot or tract or portion of lot or tract that has been changed from its natural state by addition of a building, facility, structure or other improvement on all or a portion of the parcel, which creates an impervious surface. Non - Residential property means an improved parcel that is not a residential property, including commercial, industrial, institutional, and governmental uses, a condominium or apartment consisting of five (5) or more residential units, a homeowners' association, or other similar uses or properties. Owner means the person(s) or entity(ies) listed as the owner of a parcel in the Tarrant County Appraisal District's or the City's records. Residential property means an improved parcel upon which five (5) or fewer residential units are constructed in one building. Residential unit means any building or portion thereof that contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by applicable City codes, for not more than one family. A residential unit may be a single - family house, a town home, a condominium, a manufactured home or a portion of a duplex, triplex or quadplex. Service area means the geographic area within the incorporated limits of the City. Stormwater (drainage) infrastructure means the property - real, personal or mixed - that is used in providing stormwater capacity to manage and control stormwater runoff for the stormwater (drainage) system, including bridges, catch basins, channels, H: \CITY COUNCIL \ORDINANCES \2010 ORDINANCES \Ordnance No. 447 - Stormwater Drainage.doc Page 5 • conduits, creeks, culverts, detention ponds, retention ponds, ditches, draws, creeks, flumes, pipes, pumps, sloughs, treatment works, and appurtenances to those items, whether natural or artificial, or using force or gravity, that are used to draw off surface water from land, carry the stormwater runoff away, collect, store, or treat the stormwater runoff, or divert the stormwater runoff into natural or artificial watercourses. Stormwater (drainage) operations and maintenance expenditures means an expenditure required to finance, operate and maintain stormwater (drainage) infrastructure, including debt service, equipment, personnel, educational and administrative expenditures. Stormwater runoff potential means the relative potential for causing stormwater runoff quantities, qualities, or velocities from an improved parcel based on the type of development or land use on the parcel and the size of the parcel. Stormwater (drainage) utility fee means the fee established under Division 2, Article IX of Chapter 23 of the Kennedale City Code that is levied against the owner or customer of a benefitted property for stormwater (drainage) services provided by the Stormwater (Drainage) System, including, but not limited to, the items described in the definition of "cost -of- service" in the Act. The stormwater (drainage) utility fee may also be referred to as a Fee. Stormwater (Drainage) System means the Stormwater (Drainage) Utility System owned or controlled, in whole or in part, by the City, including the City's existing stormwater facilities, materials, and supplies and any stormwater facilities, materials, and supplies hereafter constructed or utilized, and dedicated to the service of benefitted property, and including provision for additions to the system. The Stormwater (Drainage) System may also be referred to as a Utility. Wholly sufficient and privately owned stormwater (drainage) system means land and facilities owned and operated by a person or entity other than the City and from which stormwater does not discharge, under any storm frequency event or conditions, into a creek, river, slough, culvert, channel or other infrastructure that is part of the City's Stormwater (Drainage) System. Sec. 23 - 505. Administration. (a) Duty of Director of Public Works. The Director of Public Works shall administer the Stormwater (Drainage) System. The Director shall maintain an accurate record of all properties benefitted or served by the Stormwater (Drainage) System and the stormwater (drainage) utility fee levied for each parcel or portion of a parcel. The record may be maintained within the City's, utility billing system or in another record keeping system that may be developed. 1111 (b) Program Implementation. By the adoption of this Article, the City makes n o representation that all stormwater problems may or will be remedied and the City H: \CITY COUNCIL \ORDINANCES\2010 ORDINANCES \Ordnance No. 447 - Stormwater Drainage.doc Page 6 Council retains full discretion in establishing the priorities in expending funds as they • become available to meet the City's stormwater drainage needs. The adoption of this Article shall not be construed to relieve private land owners, developers or other individuals or entities from providing stormwater (drainage) improvements required by the Kennedale City Code, and federal or State laws and regulations. (c) Access to Benefitted Properties. City employees shall have access to a benefitted property within the utility service area to inspect, maintain, repair, or enforce this Article or State laws or regulations. (d) Governmental Immunity. The City does not waive any immunity granted under any law. Sec. 23 -506. Stormwater (drainage) utility fee, billing policies, and procedures. (a) Stormwater (Drainage) Utility Rate Classes. A stormwater (drainage) utility fee is established, and the fee shall be imposed on each benefitted property within the utility service area for stormwater (drainage) services and stormwater (drainage) facilities provided by the Stormwater (Drainage) System. A benefitted property within the utility service area shall be classified and charged a stormwater (drainage) utility fee based on the stormwater (drainage) utility rate determined by the property's rate class. Depending on the use of the benefitted property, the property shall be classified as one of the rate classes: • (1) Residential property; or (2) Non - Residential property. (b) Responsible Party. (1) A customer shall be billed monthly for stormwater (drainage) services. The stormwater (drainage) utility fee shall be levied along with other municipal utility services provided to the premises, including water, wastewater or solid waste /refuse services. (2) The utility bill imposing the stormwater (drainage) utility fee will be mailed to either the customer or owner who is currently identified as the responsible party for water, wastewater and solid waste service for the benefitted property; and, the customer or owner recorded in the utility billing system shall be responsible for payment of the stormwater (drainage) utility fee. (3) If there is no active customer account for a benefitted property recorded in the City's utility billing system, the benefitted property is vacant, either on a temporary or permanent basis, or when a 410 benefitted property is not served by other municipal utility services, H: \CITY COUNCIL \ORDINANCES \2010 ORDINANCES \Ordnance No. 447 - Stormwater Drainage.doc Page 7 i the Director shall establish a "Stormwater Only Account" and shall bill the owner of the benefitted property for the stormwater (drainage) utility fee. The owner of the benefitted property shall be responsible for payment of fees imposed via a Stormwater Only Account. (c) Revision of Rates. The City Council shall establish the initial stormwater (drainage) utility fee and stormwater (drainage) utility rates via ordinance pursuant to the provisions of the Act. The City Council reserves the right to review the fee and rate schedules at any time and may, by ordinance, increase or decrease the stormwater (drainage) utility fee or rates within the schedule upon a determination that the increase or decrease is warranted. (d) Billing Procedures and Policies. (1) Any partial payment of the stormwater (drainage) utility fee shall be applied against the amount due in accordance with the policies and procedures established for municipal utility services. (2) A late charge and interest may be imposed in accordance with the policies and procedures established for municipal utility services. 411 (e) Non - Payment. The City may direct the City Attorney to file suit to recover any unpaid fees, together with maximum interest, attorneys' fees and other costs and fees allowable under State or federal law. In addition to any other remedies or penalties provided by State or federal law or in this Article, a customer's failure to pay the stormwater (drainage) utility fee when due shall subject the customer to disconnection of any or all municipal utility services and /or the placement of a lien against the benefitted property to the extent authorized by law and the Kennedale City Code, as amended. Sec. 23 -507. Calculation of fees. (a) Rates in Accordance with the Act. The Stormwater (Drainage) System rates shall be established in accordance with the provisions of the Act and this Section. (b) Fee Calculation. The stormwater (drainage) utility fee shall be based on an inventory of improved parcels within the service area. The inventory shall evaluate the stormwater runoff potential for improved parcels within the service area and establish a rate for each class of benefitted properties. If authorized by the City Council, the Director may levy an amount to establish one or more funds to finance future stormwater (drainage) system construction and to improve stormwater quality. The stormwater runoff potential for each class shall be equitably and proportionately distributed between classes and among the parcels within each class of benefitted III properties relative to the contribution of each class to stormwater runoff. The H: \CITY COUNCIL \ORDINANCES \2010 ORDINANCES \Ordnance No. 447 - Stormwater Drainage.doc Page 8 stormwater (drainage) utility fee shall be set according to the requirements of Section • 23 -502. (c) Stormwater Runoff Potential. For purposes of establishing the stormwater runoff potential for each class of benefitted properties and between classes of benefitted properties, the Director shall calculate the impervious area for parcels within the service area based on data gathered from the Tarrant County Appraisal District, Geographic Information System records, and aerial photography and site plans or plats available. The Director shall then determine the relative stormwater runoff potential for each rate class and among parcels within each rate class. The rate for each class of benefitted properties and for parcels within each class shall be based on the impervious area measured in square feet (SF). (d) Property values. In calculating the stormwater (drainage) utility rate, the Director shall be prohibited from using property values. Sec. 23 -508. Stormwater (drainage) utility fee credit. (a) Any non - residential properties on which stormwater runoff mitigation measures or best management practices (BMPs) have been implemented or which has on file with the City an approved individual stormwater management permit issued by the Texas Commission on Environmental Quality (TCEQ) may be eligible for a credit to the stormwater (drainage) utility fee. • (b) The Director of Public Works shall adjust the fee for such properties according to the actual mitigative effect of the measures taken. Best Management Practices (BMPs) that were required as part of development plan approval will not be eligible for such credits. (c) The credit methodology shall be set forth in an administrative policy to be maintained in the Public Works Department of the City. (d) The application for credit shall be in writing and shall include an engineering report sealed by a Texas licensed professional engineer qualified in civil engineering, or other documentation that the Director of Public Works deems necessary, to properly evaluate the rationale for determining the credit for the approved stormwater management techniques. Submitted applications may be reviewed by the Director or by a third -party licensed engineer to validate the submitted rationale and methodology. Stormwater credits will begin upon completion and inspection of the approved mitigation measures on the property. Any property served by a private facility that is maintained by the City shall not receive a credit and shall be charged the normal monthly stormwater (drainage) utility fee. (e) The credit will be only for the impervious area within the total parcel area which receives the stormwater management technique; • H: \CITY COUNCIL \ORDINANCES \2010 ORDINANCES \Ordnance No. 447 - Stormwater Drainage.doc Page 9 • (f) The maximum credits available with appropriate documentation and approval by the Director are as follows: (1) Mitigation efforts impacting stormwater quality are worth up to fifty percent (50 %) credit against the original fee; (2) Mitigation efforts impacting stormwater quantity are worth up to fifty percent (50 %) credit against the original fee. (g) The Director of Public Works will determine the final credit allowance based on all engineering reports. (h) The Director shall have the right to inspect the private stormwater (drainage) infrastructure facility at any reasonable time to determine if it is in compliance with the approved design and continues to be capable of functioning properly. If the facility's performance is affected, because it fails to meet the proper operating standards, has been altered, or is in disrepair, the customer or owner shall pay the monthly stormwater (drainage) utility fee at the normal rate, without benefit of reduction, until such time that the facility is brought into total compliance. Sec. 23 -509. Collections and liens. • (a) Disconnection of Municipal Utility Service. The City shall keep an itemized account of the amounts owed pursuant to this Article. If any account is not paid within the time period established for municipal utility fees for the benefitted property, as outlined in the City's policies and procedures, and the customer fails to make other arrangements satisfactory to the City, the City or its contracted utility service provider is authorized to disconnect utility services pursuant to its normal and customary business practices. (b) Notice of Intent to Place Lien. If any amount is not paid within sixty (60) days of the billing date, the City shall send notice to the customer and the property owner of its intent to impose a lien against the property to which service is provided. The notice of intent to place lien shall be mailed to both the property address listed by the Tarrant County Appraisal District and the property owner's billing address. The notice of intent to place lien shall contain the following information: (1) The name and address of the customer to whom utility bills were sent pursuant to this Article; (2) The street address and a legal description of the real property on which the building is or was located; (3) A statement of fees and the balance due, including any late • charges and administrative fees incurred; and H: \CITY COUNCIL \ORDINANCES \2010 ORDINANCES \Ordnance No. 447 - Stormwater Drainage.doc Page 10 (4) A statement that the fees are unpaid and delinquent, and that if not • paid in full within thirty (30) days, a lien will be placed upon the premises. (c) Appeal of Notice of Intent to Place Lien. The owner may appeal the decision to impose the lien against the property to the City Manager and the City Council under the procedures set forth in Section 23 -510. If the notice of appeal is filed, the filing of the lien shall not be imposed pending the appeal. (d) Notice of Lien Filed in County Records. If full payment or a Notice of Appeal, with sufficient bond guaranteeing payment in a form acceptable to the City Attorney as provided herein, is not received by the City within ten (10) days of the City's mailing of the Lien Notice, the City Secretary shall file a notice of lien in the Deed Records of Tarrant County, Texas. Such notice shall contain the following information: (1) The name and address of the customer to whom utility bills were sent pursuant to this Article and the name and address of the owner of the property; and (2) The street address and a legal description of the real property on which the building is or was located; and (3) An itemized statement of fees and the balance due, including any • late charges and administrative fees incurred. (e) Personal Obligation of Property Owner. The expenses incurred by the City as set forth in the notice of lien shall be a personal obligation of both the customer and the property owner and shall constitute a priority lien against the property, which lien, however, shall be secondary to an existing, recorded, bona fide mortgage lien. The City Attorney or his /her designee may bring an action in any court of proper jurisdiction against the owner of the property to recover the costs incurred by the City. (f) Lien Shall be Valid and Privileged. Upon filing of the notice of lien in the Deed Records of Tarrant County, Texas, the City's lien shall be valid against the property so assessed. The City's lien shall be privileged and superior to all other liens, including previously recorded judgment liens and any liens recorded after the City's lien. The lien shall continue until the assessment and all interest due and payable thereon has been paid. (g) Lien Must be Paid. No utility service, building permit or certificate of occupancy shall be allowed or issued on any property against which a lien has been imposed until the lien is paid in full and such lien is released by the City. (h) Release of Lien. After the expenses incurred by the City, as set forth in the notice of lien, have been fully paid with interest of ten percent (10 %) per annum, the • City Secretary shall execute a release of lien, which shall be filed in the Deed Records of Tarrant County, Texas. H: \CITY COUNCIL \ORDINANCES \2010 ORDINANCES \Ordnance No. 447 - Stormwater Drainage.doc Page 11 • Sec. 23 -510. Appeal of stormwater (drainage) utility fees. (a) Appeal to City Manager. An owner or customer who has been charged a stormwater (drainage) utility fee and believes that the calculation of the stormwater (drainage) utility fee is incorrect due to the miscalculation of impervious surface area, the misclassification of the customer class, or the ownership of exempt property, may appeal the fee to the City Manager. In addition, an owner or customer may appeal the discontinuance of the utility service, the filing of a lien, or both legal actions for non- payment of the stormwater (drainage) utility fee. The City Manager shall evaluate the appeal based on the provisions of this Article. (b) Process. (1) To request an appeal, the owner or customer shall file a written notice of appeal with the City Manager. The notice of appeal must include the grounds upon which relief is sought and include all documentation supporting the appeal. The City Manager may decide the appeal based upon the notice of appeal, supporting documentation, and information relied upon by the Director in the original fee determination. Evidence not included with the notice of appeal shall not be considered, and no hearing shall be held unless the City Manager determines, in his /her sole discretion, that an • informal hearing would assist his /her determination of the merits of the appeal. If a hearing is held, the City Manager shall provide at least ten (10) business days written notice to the appellant of a date and time for such informal hearing. In any case, the City Manager shall decide and rule upon the appeal based upon a preponderance of the evidence. (2) The City Manager shall issue a written decision on the appeal within sixty (60) days of the City Manager's recei t of the notice of Y( ) Y Y receipt (A) If the City Manager determines, based upon a preponderance of the evidence, that a fee adjustment is warranted or the rate class is incorrect within the first year following the initial billing date on a benefitted property, the City Manager shall authorize a rate adjustment, which shall be retroactive to the beginning of billings for the appealed fee but the retroactive period shall not exceed one (1) year. (B) If the City Manager determines, based upon a preponderance of the evidence, that a fee adjustment is warranted or the rate class is incorrect after the first year • following the initial billing date on a benefitted property, the City Manager shall authorize a fee adjustment, which shall H: \CITY COUNCIL \ORDINANCES\2010 ORDINANCES \Ordnance No. 447 - Stormwater Drainage.doc Page 12 be prospective and applied to future billings. At the City Manager's discretion, the fee adjustment may also be retroactive but the retroactive period shall not exceed three (3) months prior to the receipt of the notice of appeal. (c) Supporting Information for Appeal. The owner or customer filing the appeal may be required, at his /her sole cost, to provide supplemental information to the City Manager, including but not limited to survey data sealed by a Texas licensed professional land surveyor, engineering reports sealed by a Texas licensed professional engineer qualified in civil engineering, or other documentation that the City Manager deems necessary to properly evaluate the appeal. The owner or customer shall provide such information within thirty (30) days of the City Manager's request, and the deadline for determination of the appeal will be extended accordingly. In determining the merits of the appeal, the City Manager may consider the owner or customer's failure to provide the requested information in a timely manner. (d) Appeal to the City Council. (1) An appellant may appeal the following decisions of the City Manager to the City Council: (A) the calculation of the stormwater (drainage) utility fee for a benefitted property due to the miscalculation of impervious • surface area, the miscalculation of the customer class, or the ownership of exempt property; or (B) the discontinuance of utility service, the filing of a lien, or other legal action for non - payment of the stormwater (drainage) utility fee. (2) To appeal, an appellant shall file a written appeal to the City Council with the City Secretary within fifteen (15) days following receipt of the City Manager's decision that is being appealed. The City Council shall hear the appeal within sixty (60) days of receipt of the appeal by the City Secretary. Notice of the hearing shall be mailed to the address given in the appeal form or, if no address is given, to the address on the utility billing statement at least fifteen (15) days prior to the hearing. (3) Any appeal under this Subsection shall be governed by the following rules and procedures: (A) Such appeal shall be set as an item on the regular City Council agenda. (B) At the hearing of the appeal, the City Council may consider • facts or evidence as the City Council determines is H: \CITY COUNCIL \ORDINANCES \2010 ORDINANCES \Ordnance No. 447 - Stormwater Drainage.doc Page 13 • appropriate. The Director or City Manager, or his designee, shall present the facts and evidence relied upon and the reasons for the ruling; the appellant then shall have an opportunity to present the facts and evidence relied upon by the appellant; the City Council then shall consider any facts or evidence from the public or other interested persons. The City Council may ask questions of the Director, the City Manager, the appellant, or any other interested persons as the City Council determines is appropriate. The City Council may limit the time for any presentation in its sole discretion, and may continue the hearing to a subsequent meeting at the City Council's discretion. Upon the conclusion of the hearing, the City Council may render its decision or it may take the appeal under advisement and make or render its decision on the appeal within thirty (30) days of the hearing. Any appeal shall be determined by majority vote of the members of the City Council then present at a meeting of the Council. The City Council's decision shall be final. (C) Written documents or evidence that any party, including the Director or City Manager, wishes to submit must be filed with the City Secretary and submitted to the City Council no • fewer than five (5) business days prior to the appeal hearing. Any interested party may review any documents so submitted prior to the hearing upon request, during normal business hours. The appellant may submit a report describing the basis for the appeal prepared by a Texas licensed professional engineer qualified in civil engineering. The failure to submit such a report shall be considered in determining whether the applicant has met the burden of proof and may constitute sufficient grounds for denial of the appeal. (D) The burden of proof shall be on the appellant to demonstrate that the fee is not applicable, that the determination of the fee amount is incorrect due to the misidentification of impervious surface area, or that the rate class assigned to the appellant is incorrect. (E) No appeal for the same or related issue on the same piece of property shall be allowed from a previous ruling on any appeal absent a material change of circumstances. If the appellant asserts such a change of circumstances and seeks rehearing of an appeal, such appeal need not be considered • unless the appellant presents in writing evidence establishing such change of circumstances. Any such subsequent appeal shall be considered entirely on its merits H: \CITY COUNCIL \ORDINANCES \2010 ORDINANCES \Ordnance No. 447 - Stormwater Drainage.doc Page 14 and the peculiar and specific conditions related to the property on which the appeal is brought. (F) If the appeal is accompanied by a bond or other sufficient security satisfactory to the City Attorney in an amount equal to the original determination of the stormwater (drainage) utility fee due, any discontinued utility service may be reinstated while the appeal is pending. The City Council shall apply the standards and review criteria contained in this Article. (G) Following the hearing, the City Council shall consider all evidence and determine whether the appeal should be granted, in whole or in part, or denied. Sec. 23 -511. Termination of stormwater (drainage) utility system. If, after at least five (5) years of substantially continuous operation of the Stormwater (Drainage) System, the City Council determines that the Stormwater (Drainage) System should be discontinued, the powers under the Act should be revoked, and the provision for financing municipal stormwater costs should be made by using other revenues, the City Council may adopt an ordinance that in effect, after providing notice and a public hearing as required by the Act, discontinues the • Stormwater (Drainage) System. Sec. 23 -512. Stormwater (drainage) utility fund. (a) Stormwater (drainage) utility fund. A stormwater (drainage) utility fund is established and may consist of one or more accounts. All stormwater (drainage) utility fees shall be deposited as collected and received into this fund, and shall be used exclusively for stormwater (drainage) services as provided in the Act, including, but not limited to the following: (1) The cost of the acquisition of land, rights -of -way, options to purchase land, easements, and interests in land relating to structures, equipment, and facilities used in draining the benefitted property; (2) The cost of the acquisition, construction, repair, and maintenance of structures, equipment, and facilities used in draining the benefitted property; (3) The cost of architectural, engineering, legal, and related services, plans and specifications, studies, surveys, estimates of cost and of H: \CITY COUNCIL \ORDINANCES \2010 ORDINANCES \Ordnance No. 447 - Stormwater Drainage.doc Page 15 • revenue, and all other expenses necessary or incident to planning, designing, providing, or determining the feasibility and capability of structures, equipment, and facilities used in draining the benefitted property; (4) The cost of all machinery, equipment, furniture, and facilities necessary or incident to the provision and operation of draining the benefitted property; (5) The prorated cost of funding and financing charges and interest arising from construction projects and the start-up cost of a stormwater (drainage) facility used in draining the benefitted property; (6) The prorated cost of debt service and reserve requirements for funding of stormwater (drainage) infrastructure, equipment and facilities paid with revenue bonds or other securities or obligations issued by the City and supported by pledge of stormwater • revenues, including any fees and expenses incidental thereto; (7) To the extent permitted by law, the cost of constructing, sampling, monitoring, building, inspecting and maintaining structures needed for the State's regulation and permitting requirements imposed on the City for providing stormwater quality improvements for the benefitted property; and (8) The administrative costs of the Stormwater (Drainage) System. (b) Stormwater (drainage) utility fund accounting. (1) The City shall clearly account for revenues and expenditures authorized for operation of the Stormwater (Drainage) System. (2) The revenues collected from stormwater (drainage) utility fees shall be segregated and completely identifiable from other City funds and accounts. (3) Funds and revenues in the stormwater (drainage) utility fund may be transferred to the City's general fund as allowed by law. • (c) Stormwater (drainage) utility service deposit. A deposit shall not be imposed for initiation or continuation of stormwater (drainage) utility service. H: \CITY COUNCIL \ORDINANCES\2010 ORDINANCES \Ordnance No. 447 - Stormwater Drainage.doc Page 16 Sec. 23 -513. Exemptions. • (a) The following entities or persons shall be exempt from payment of the fees established by this Article: (1) Government/Educational Entities. (A) The State of Texas, including a State agency; (B) A public or private institution of higher education; (C) Tarrant County; and (D) City of Kennedale. (2) Private Property Exemption. Any property to which a mandatory exemption under Section 552.053 of the Act applies is exempt from this Article, including without limitation: (A) Property with proper construction and maintenance of a wholly sufficient and privately owned stormwater (drainage) system that does not discharge under any storm frequency event or conditions to waterways controlled or maintained by the City; (B) Property held and maintained in its natural state, until such time that the property is developed and all of the public infrastructure constructed has been accepted by the City for maintenance; and (C) A subdivided parcel or lot, until a structure has been built on the lot and a certificate of occupancy has been issued, or the City has taken another official action to release the property for occupancy. (b) Proof of Exemption. If the owner of property asserts that such property is exempt pursuant to this Section or any other applicable law, such property owner has the burden to assert such exemption by filing notice of eligibility for such exemption and sufficient evidence of entitlement to such exemption with the Director of Public Works. If the exemption is not granted, the owner may appeal using the procedures for appeal provided in Section 23 -510, above. [Sec. 23 -514 to Sec 23 -525 Reserved]" • H: \CITY COUNCIL \ORDINANCES \2010 ORDINANCES \Ordnance No. 447 - Stormwater Drainage.doc Page 17 • SECTION 2. PENALTY FOR VIOLATION Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined no more than Two Thousand Dollars and no cents ($2,000.00) for each violation, and in addition shall pay all costs and expenses involved in the case. Each day a violation occurs is a separate offense. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. SECTION 3. CUMULATIVE CLAUSE This Ordinance shall be cumulative of all provisions of all existing ordinances and of the Kennedale City Code (1991), as amended, including but not limited to all ordinances of the City of Kennedale affecting stormwater (drainage) services and stormwater (drainage) utility systems, and shall not repeal any of the provisions of such ordinances except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. SECTION 4. • SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. SAVINGS CLAUSE All rights and remedies of the City of Kennedale are expressly saved as to any and all violations of the provisions of the Kennedale City Code (1991), as amended, or any other ordinances regarding stormwater (drainage) services and stormwater (drainage) utility systems that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. H: \CITY COUNCIL \ORDINANCES\2010 ORDINANCES \Ordnance No. 447 - Stormwater Drainage.doc Page 18 SECTION 6. • PAMPHLET FORM CLAUSE The City Secretary of the City is hereby authorized to publish this Ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this Ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7. PUBLICATION CLAUSE The City Secretary of the City of Kennedale is hereby directed to publish the caption penalty clause publication clause and effective date clause of this Ordinance in every issue of the official newspaper of the City of Kennedale for two days or one issue of the newspaper if the official newspaper is a weekly newspaper as authorized by Section 3.10 of the City of Kennedale Charter. SECTION 8. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED THIS DAY OF , 2010. • Bryan Lankhorst, Mayor ATTEST: Kathy Turner, City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney • H: \CITY COUNCIL \ORDINANCES \2010 ORDINANCES \Ordnance No. 447 - Stormwater Drainage.doc Page 19 • LEGAL NOTICE Notice is hereby given that the City Council of the City of Kennedale will hold a public hearing on February 11, 2010, at 7:00 P.M. in the Council Chambers at Kennedale City Hall, 405 Municipal Drive, Kennedale, TX 76060 to consider the following: Conduct a public hearing on Ordinance No. 448, an ordinance of the City of Kennedale, Texas amending Chapter 23, Article IX "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; providing a cumulative clause; providing a severability clause; providing a savings clause; providing for publication; and providing an effective date. Please see Exhibit "A" for the Ordinance. Any interested persons and parties may submit any information they wish to be considered to the City Secretary prior to the date of the public hearings or may appear at the public hearings to be heard, or both. The facility is wheelchair accessible. If you plan to attend and you have a disability that requires special arrangements, please notify the City Secretary 48 hours in advance of • the hearings so that reasonable accommodations can be made. For sign interpretive services, please call 72 hours in advance. For more information on this Legal Notice, please contact the City Secretary at (817) 985 -2104. Signed this the 4 day of January, 2010. Kathy Turner City Secretary Published: January 8, 2010 January 15, 2010 January 22, 2010 • H: \CITY COUNCIL \ORDINANCES \2010 ORDINANCES \Ordinance No. 448 - Stormwater Drainage Utility Fee.doc Page 1 • StaffReport To the Honorable Mayor and City Council Date: April 8, 2010 Agenda Item No: XII -M. Subject: AN ORDINANCE AMENDING CHAPTER 23, ARTICLE IX " 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: Bob Hart Summary: In 1989, after larger cities in the State of Texas started having to fund numerous activities to meet Federal and State water quality regulations, the State Legislature authorized local governments to create a Stormwater Utility System dedicated to the management of its stormwater (drainage and water quality) facilities and activities. The legislation also allowed for the levying of a dedicated fee to fund the utility. Over the last six months, the City Council has been reviewing the potential funding sources that may be available to begin incrementally solving stormwater quality and drainage problems including, county, state and federal monies for special projects and, in particular, the possible establishment of a Stormwater (Drainage) Utility that would be dedicated to stormwater activities. The City of Kennedale has identified numerous existing drainage systems throughout the City that do not function properly during heavy rainfall with regard to draining excess stormwater runoff safely and effectively. The current cost estimates to address these problems total to more than $80 million, with $34 million in the Village Creek watershed alone. After On March 11, 2010, the City Council held a hearing to receive comments and suggestions from the public concerning a Stormwater Utility. Upon approval of both the Stormwater Utility and rate structure ordinance by the City Council, it is anticipated that the new fees will go into effect during the May billing cycle. Below is a brief summary of the Stonnwater Utility timeline and community notification process that has occurred: • Articles Published (Kennedale Dispatch) • ✓ November 2009: City's Ongoing Stormwater Activities ✓ December 2009: Council Is Considering A Stormwater Utility ✓ January 2010: Council Is Considering A Stormwater Utility Ordinances Published (Kennedale News) ✓ January 08, 2010 ✓ January 15, 2010 ✓ January 22, 2010 Questions & Answer Brochure (Utility Bills) ✓ December 2009 ✓ January 2010 Public Hearings (City Council Meeting) ✓ February 11, 2010 - Postponed Due To Snow Storm ✓ March 11, 2010 Ordinances Considered (City Council Meeting) ✓ April 08, 2010 Recommended Motion: Staff recommends approval of the Stormwater Utility Fees. Disposition by Council: • • ORDINANCE NO. 448 AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS AMENDING CHAPTER 23, ARTICLE IX "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; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas (City) is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Kennedale, Texas ( "City Council ") has adopted Ordinance No. 447, to create a stormwater (drainage) utility system and • provide stormwater (drainage) service to collect and direct stormwater runoff for benefitted properties within the utility service area upon payment of stormwater (drainage) utility fees; and WHEREAS, the City Council, after holding a public hearing and finding that the fees are nondiscriminatory, reasonable, and equitable, now desires to levy a schedule of stormwater (drainage) utility fees for stormwater (drainage) service; and WHEREAS, in setting the schedule of stormwater (drainage) utility fees, the fees are based on an inventory of improved parcels within the utility service area. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THAT: SECTION 1. The City Council hereby establishes stormwater (drainage) utility fees as set forth herein. Stormwater (drainage) utility fees shall be levied against all benefitted properties within the utility service area unless exempt under Division 1, Section 23 -513. These fees shall be imposed and issued with utility billing statements issued on and after February 1, 2010. • SECTION 2. H: \CITY COUNCIL \ORDINANCES \2010 ORDINANCES \Ordinance No. 448 - Stormwater Drainage Utility Fee.doc Page 2 Chapter 23 "Water, Sewers, and Sewage Disposal ", of the Kennedale City Code, • is hereby amended to add a new Division 2 to Article IX "Stormwater (Drainage) Utility System ", which shall read as follows: "DIVISION 2. STORMWATER (DRAINAGE) UTILITY FEES Sec. 23 -526. Applicability. The City Council hereby establishes the stormwater (drainage) utility fees as set forth herein. A stormwater (drainage) utility fee shall be levied against all benefitted property within the utility service area unless exempt under Division 1, Section 23 -513. Sec. 23 -527. Fee calculation. (a) Stormwater (Drainage) Utility Fee Calculation. Stormwater (drainage) utility fees shall be calculated based on the total stormwater runoff potential for benefitted properties for all customers within the utility service area. The total stormwater runoff potential shall be measured as impervious areas in square feet ( "SF "). (b) Stormwater Utility Fee. The total stormwater runoff potential for the service area shall be allocated between the customer classes based on the relative amount of impervious area in each class established in Division 1, Section 23- 506(a). (1) Residential Property Class. Stormwater utility fees for the residential • property class of customers, as defined in Division 1, Section 23 -504 shall be as followings: (A) A monthly, flat -rate fee per a single - family equivalent residential unit ( "ERU "); or (B) One (1) flat -rate ERU fee per dwelling unit on a residential parcel. (C) The flat -rate fee is established in the fee schedule listed in Subsection (c)(1). (D) The monthly stormwater fee is based on the average impervious area for an ERU, which is two thousand eight hundred (2,800) SF. (2) Non - Residential Property Class. A stormwater (drainage) utility fee for each improved non - residential property or allocated portion of an improved non - residential property shall equal the product of impervious area in square feet ( "SF ") times the stormwater (drainage) utility rate established in the rate schedule listed in Subsection (c)(2). • H: \CITY COUNCIL \ORDINANCES\2010 ORDINANCES \Ordinance No. 448 - Stormwater Drainage Utility Fee.doc Page 3 (c) Schedule of Monthly Fees and Rates. The monthly stormwater (drainage) utility • fee shall be as follows: (1) Residential Units. The monthly stormwater (drainage) utility fee for each residential dwelling unit or ERU shall be as follows for each fiscal year beginning October 1, 2009 (FY2010): Fiscal Year Monthly Fee FY2010 $4.00 FY2011 $4.50 FY2012 $5.00 FY2013 $5.50 FY2014 $6.00 FY2015 $6.50 FY2016 $7.00 FY2017 $7.50 FY2018 $8.00 FY2019 $8.50 (2) Non - residential unit. The monthly stormwater utility fee for the impervious area measured in square feet on each non - residential parcel shall be as follows for each fiscal year beginning October 1, 2009 (FY2010): Fiscal Year Rate (per square foot) FY2010 $0.00143 FY2011 $0.00161 FY2012 $0.00179 FY2013 $0.00197 FY2014 $0.00215 FY2015 $0.00233 FY2016 $0.00250 FY2017 $0.00268 FY2018 $0.00286 FY2019 $0.00304 (3) Revision of Fees or Rates. The stormwater (drainage) utility fee or the stormwater (drainage) utility rate may be revised by the City Council via ordinance from time to time as permitted by this Article and the Act. [Sec. 23 -528 to Sec. 23 -545 Reserved]" • H: \CITY COUNCIL \ORDINANCES \2010 ORDINANCES \Ordinance No. 448 - Stormwater Drainage Utility Fee.doc Page 4 SECTION 3. This Ordinance shall be cumulative of all provisions of all existing ordinances and of the Kennedale City Code (1991), as amended, including but not limited to all ordinances of the City of Kennedale affecting stormwater (drainage) utility fees or rates and shall not repeal any of the provisions of such ordinances except in those instances where provisions of such ordinances are in direct conflict with the provisions of this Ordinance. SECTION 4. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. All rights and remedies of the City of Kennedale are expressly saved as to any • and all violations of the provisions of the Kennedale City Code (1991), as amended, or any other ordinances regarding stormwater (drainage) utility fees or rates that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City is hereby authorized to publish this Ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this Ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7. The City Secretary of the City of Kennedale is hereby directed to publish the caption penalty clause publication clause and effective date clause of this ordinance in every issue of the official newspaper of the City of Kennedale for two days or one issue of the newspaper if the official newspaper is a weekly newspaper as authorized by Section 3.10 of the City of Kennedale Charter. • H: \CITY COUNCIL \ORDINANCES \2010 ORDINANCES \Ordinance No. 448 - Stormwater Drainage Utility Fee.doc Page 5 • SECTION 8. This Ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED THIS DAY OF , 2010. Bryan Lankhorst, Mayor ATTEST: Kathy Turner, City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney • H: \CITY COUNCIL \ORDINANCES \2010 ORDINANCES \Ordinance No. 448 - Stormwater Drainage Utility Fee.doc Page 6 Staff Report To the Honorable Mayor and City Council Date: April 1, 2010 Agenda Item No: XIII 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. 3. 1000 E. Kennedale Parkway, Kennedale, Texas Recommendation: • Disposition by Council: Staff Report To the Honorable Mayor and City Council Date: April 1, 2010 Agenda Item No: XIV- A -C 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. 411 City Council will reconvene into open session, and take action necessary pursuant to executive session, if needed. A. Approval of Resolution No. 322, authorizing legal counsel to proceed with condemnation of a 0.041 of an acre tract of land situated within the J.M. Lilly Survey, Abstract 980, and the J.M. Lilly Survey, Abstract 985, City of Kennedale, Tarrant County, Texas, and being a portion of a tract of land described to Larry M. Walther by deed recorded in Volume 7892, Page 1314, Deed Records, Tarrant County, Texas, for a public roadway, and /or other public purposes permitted by law. B. Approval of Resolution No. 323, authorizing legal counsel to proceed with condemnation of a 0.05 acre tract of land situated within Lot 1, Block 1, Glenn Oaks Addition to the City of Kennedale, Tarrant County, Texas, as shown by plat recorded in Volume 388 -44, Page 42, plat records of Tarrant County, Texas; and a 0.055 of an acre tract of land situated within the W.E. Haltom Survey, Abstract No. 1791, to the City of Kennedale, Tarrant County, Texas, and recorded in Instrument No. D202193953, Deed Records, Tarrant County, Texas for a public roadway, and /or other public purposes permitted by law. C. Approval of Resolution No. 324, authorizing legal counsel to proceed with condemnation of Lots 25 and 26, Block 3, Briarwood Addition to the City of Kennedale, Tarrant County, Texas, according to the plat recorded in Volume 388- 13 Page 47, plat records, Tarrant County, said area is described in Volume g � p Y> Texas; 4284, Page 639, Deed Records, Tarrant County, Texas, for a public roadway and /or other purposes permitted by law.