Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
06.10.2010 CC Packet
kid CITY r OF KENNEDALE 405 Municipal Drive, Kennedale, Texas 76060 www.cityofkennedale.com AGENDA KENNEDALE CITY COUNCIL REGULAR MEETING — JUNE 10, 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 k id A. Utility Billing Practices B. Discuss budget process for FY 2010 -2011 C. Discuss oil and gas ordinance D. Discuss the creation of a Culture & Arts Board E. 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 Flag; I Pledge Allegiance to Thee, Texas, One State under God; One and r.�► Indivisible." Page 1 of 4 ""` VIII. PRESENTATION(S) A. Mayor Lankhorst will announce and recognize Library Wildflower Photo Contest Winners. 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 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 May 13, 2010, and special meeting minutes dated May 17, 2010. B. Approval of Quarterly Investment Report. C. Approval to authorize the City Manager to execute an Interlocal Agreement with the City of Fort Worth for mutual aid fire services. D. Approval of amended Purchase Card Policy. E. Approval of Resolution No. 328, declaring certain property surplus and/ or salvage and authorizing sale of said property. F. Approval to call a budget workshop for July 31, 2010, and special meeting(s) for August 24, 2010, and September 2, 2010. Page 2 of 4 XII. REGULAR ITEMS G. Public hearing, review, and consider action to approve Ordinance No. 455, Case #PZ 10- 03, a proposed ordinance vacating and abandoning a portion of Bowman Springs Road in the City of Kennedale, Tarrant County, Texas, and declaring that such property is unnecessary for use as a public right -of -way; and reserving a public utility easement. Roadway to be vacated and abandoned is more particularly described as a portion of Lot 1, Block 1, Gaona Addition, and a portion of Lot 20, Block 1, Woodlea Acres Addition, Kennedale, Tarrant County, Texas. Physical addresses are 1021, 1022, and 1029 Bowman Springs Road, Kennedale, TX. 1. Staff Presentation 2. Public Hearing 3. Staff Summary 4. Action on Ordinance No. 455. H. Public hearing and review of proposed Ordinance No. 456, Case #PZ 10 -04, amending Chapter 17, Section 17 -426 of the Kennedale City Code (1991), as amended, by revising regulations governing oil and gas drilling and related operations. 1. Staff Presentation 2. Public Hearing tid 3. Staff Summary I. Review and consider action to authorize the City Manager to provide documentation to Wal -Mart in regards to non - surface oil, gas and mineral lease. 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 551.087 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. 4 110 1. Fallen Heroes Monument 2. Transfer of Bowman Springs Road property to the KEDC. Page 3 of 4 3. Transfer of property located at 1000 E. Kennedale Parkway wr.► XIV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED. 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 CERTIFICATION I certify that a copy of the June 10, 2010, agenda was posted on the City Hall bulletin board next to the main entrance of the City Hall building, 405 Municipal Drive, of the City of Kennedale, Texas, in a place convenient and readily accessible to the general public at all times and said Agenda was posted on the following date and time: Monday, June 7, 2010 by 5:00 p.m., and remained so posted continuously for at least 72 hours preceding the schedule time of said meeting, in accordance with Chapter 551 of the Texas Government Code. Kathy Turner City Secretary, TRMC /CMC I certify that the attached notice and agenda of items to be considered by the City Council was removed by me from the City Hall bulletin board on the day of , 2010. Title: Kathy Turner, City Secretary, TRMC /CMC Nomme Page 4 of 4 StaffReport To the Honorable Mayor and City Council Date: June 4, 2010 Agenda Item No: III A - Subject: Work Session Originated by: Kathy Turner, City Secretary Summary: Work Session rr.• A. Utility Billing Practices B. Discuss budget process for FY 2010 -2011 C. Discuss oil and gas ordinance D. Discuss the creation of a Culture & Arts Board E. Discuss and review any item on the agenda, if needed. Recommendation: Disposition by Council: New CITY OF KENNEDALE, TEXAS ANNUAL PROGRAM OF SERVICES BUDGET CALENDAR 01/01 Tarrant Appraisal District Beginning of appraisal year. 04/15 Tarrant Appraisal District Last day for businesses to file property tax renditions. 05/01 Finance Review Budget Calendar. 05/07 City Secretary Publish Open Meeting Notice (72 Hours). 05/13 City Council Regular Session: Approve tax collection contract. 05/14 Tarrant Appraisal District Notification of preliminary values to all taxing jurisdictions. 05/25 EDC4B Provide Notice of Projects & Public Hearing to newspaper. Newspaper deadline is noon Tuesday. 05/26 Staff Budget Kick - Off. 05/28 Newspaper Publish Notice of Projects & Public Hearing. Must allow for period of 60 days from date of publication to close before recommending to Council. Must alsppublish 15 days prior to public hearing. 05/31 Tarrant Appraisal District Property owner has 30 days from the date of the notice or until May 31, whichever is later, to file a protest. 06/04 City Secretary Publish Open Meeting Notice (72 Hours). 06/10 Tarrant Appraisal District Notification of preliminary values to all taxing jurisdictions. City Council 41110 Work Session: Discuss Strategic Planning, review budget calendar. Regular Session: Approve special sessions (08/24, 09/02 . 06 /11 City Secretary Publish Open Meeting Notice (72 Hours). 06/15 EDC4B Public Hearing given Notice of Projects. 06/18 Staff Submit FY09 /10 Estimates, FY10 /11 Proposed budget requests, and Extended Service Programs (ESPs) to Finance. 06/21 - 06/30 Finance Meet with Staff to review submittals. 07/01 Finance Submit budget requests and ESPs to City Manager. 07/06 - 07/16 City Manager Meet with Finance and Staff to review submittals. 07/16 City Secretary Publish Open Meeting Notice (72 Hours). 07/20 EDC4B Review budget. Finance Provide Notice of Filed Budget to newspaper. Newspaper deadline is noon Tuesday. 07/23 Tarrant Appraisal District Notification of certified values to all taxing jurisdictions. Newspaper Publish Notice of Filed Budget. 07/26 City Manager /Finance Prepare Budget Message. 07/27 EDC4B 60 Day Notice of Projects closed. Finance File proposed budget with City Secretary, place online and email to Council. Must file proposed budget with City Secretary for public inspection 30 days prior to tax rate adoption, which is generally by the last working day in July. "EXEMPLIFYING EXCELLENCE" CITY OF KENNEDALE, TEXAS ANNUAL PROGRAM OF SERVICES NIS BUDGET CALENDAR 07/31 City Council Workshop: Review budget given certified values. 08/03 Finance Provide Notice of Effective and Rollback Tax Rates, statement and schedules to newspaper. Newspaper deadline is noon Tuesday. Publish by Aug 7 or soon thereafter. Must be quarter pages, at least 8 point font and can be in classifieds. May publish at same time as Notice of Public Hearing On Tax Increase. Place on website, cable channel (60 seconds, 5 times daily, 7 days, from 7AM -9PM) and run through end of 2ND i Public Hearing. 08/06 City Secretary Publish Open Meeting Notice (72 Hours). Newspaper Publish Notice of Effective Tax Rate. 08/10 Finance Provide Notice of Public Hearing On Budget to newspaper. Newspaper deadline is noon Tuesday. Must publish notice of location, date, and time. Must be published not earlier than the 30TH or later than the 10TH day before the date of the hearing. Optional: Place on website, cable channel (60 seconds, 5 times daily, 7 days, from 7AM -9PM) and run through end of budget hearing. Provide Notice of 1sT Public Hearing On Tax Increase to newspaper. Newspaper deadline is noon Tuesday. Must be quarter page, at least 24 point type title or larger, not in classifieds, and 7 days prior to 1ST Public Hearing. Place on website, cable channel (60 seconds, 5 times daily, 7 days, from 7AM -9PM) and run through end of 2ND Public Hearing. 08/12 City Council Wo, Session: Submit proposed budget, certified appraisal roll, and effective and rollback rate calculations. Regular Session: Discuss tax rate. If proposed rate will exceed the lower of the effective or rollback rate, vote to place proposal for tax increase on future agenda and schedule public hearings. Must be record vote and although may be left blank going into meeting, must specify desired rate at time of resolution adoption. 08/13 City Secretary Publish Open Meeting Notice (72 Hours). Newspaper Publish Notice of Public Hearing On Budget. Publish 1 ST Notice of Public Hearing On Tax Increase. "EXEMPLIFYING EXCELLENCE" CITY OF KENNEDALE, TEXAS ANNUAL PROGRAM OF SERVICES BUDGET CALENDAR 08/17 EDC4B Approve projects and budget. Finance Provide Notice of 2ND Public Hearing On Tax Increase to newspaper. Newspaper deadline is noon Tuesday. Must be quarter page, at least 24 point type title or larger, not in classifieds, and 7 days prior to 2ND Public Hearing. Place on website, cable channel (60 seconds, 5 times daily, 7 days, from 7AM -9PM) and run through end of 2ND Public Hearing. 08/20 City Secretary Publish Open Meeting Notice (72 Hours). Newspaper Publish 2 ND Notice of Public Hearing On Tax Increase. 08/24 City Council Special Session: Public Hearing On Budget. Must be set for date occurring after 75th day after proposed budget filed with City Secretary but before fax rate adoption. Public holiday or weekend not permitted and quorum is required. Special Session: 1 ST Public Hearing On Tax Increase. Announce vote on tax rate, time and location. Must have 2 hearings in addition to Vote On Tax Rate. Public holiday or weekend not permitted and quorum is required. 08/27 City Secretary Publish Open Meeting Notice (72 Hours). 08/31 Finance Provide Notice of Tax Revenue Increase to newspaper. Newspaper deadline is noon Tuesday. Must be quarter page, at least 24 point type title or larger, not in classifieds, and 7 days prior to vote, if possible. Place on website, cable channel (60 seconds, 5 times daily, 7 days, from 7AM -9PM) and run through end of vote on 1 fax rate. 09/01 Tarrant Appraisal District Notification of last certified rot to tax jurisdictions for billing and collection. 09/02 City Council Special Session: 2ND Public Hearing On Tax Increase. Announce vote on tax rate, time and location. Must have 2 hearings in addition to Vote On Tax Rate. Public holiday or weekend not permitted and quorum is required. Not earlier than 7r" day after the 1ST Public Hearing. 09/03 City Secretary Publish Open Meeting Notice (72 Hours). Newspaper Publish Notice of Tax Revenue Increase. "EXEMPLIFYING EXCELLENCE" CITY OF KENNEDALE, TEXAS ANNUAL PROGRAM OF SERVICES BUDGET CALENDAR 09/09 City Council Regular Session: Approve budget (ordinance), vote on tax rate (ordinance) and ratify budget. Vote must take place no less than 3 days and no more than 14 days after the 2N0 Public Hearing since website and cable channel required for tax rate. Motion for tax rate requires special language and ordinance requires special language in larger type. Must be record vote on tax rate. Publish special language on website and cover page of budget book after adoption. Must adopt tax rate 60 days after certified roll is received or by Sep 30. 09/14 Finance Provide adopted tax rates to Tarrant County Tax Office. 09/30 City Council Last day to adopt budget. 10/01 Tarrant County Tax Office Tax statements and assessments mailed. 03/22 EDC4B Provide Notice of Projects to newspaper. Public Hearing not required. Newspaper deadline is noon Tuesday. 03/25 Newspaper Publish Notice of Projects. • ` "EXEMPLIFYING EXCELLENCE" StaffReport To the Honorable Mayor and City Council Date: June 4, 2010 Agenda Item No: VIII. Subject: Presentation(s) Originated by: Kathy Turner, City Secretary Summary: Mayor Lankhorst will announce and recognize Library Wildflower Photo Contest Winners. Recommendation: Nor ' Staff Report To the Honorable Mayor and City Council Date: June 4, 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: StaffReport To the Honorable Mayor and City Council Date: June 4, 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 "Nam.- recognition of individual officials, citizens or departments, information regarding holiday schedules, upcoming or attended events, etc. A. Mayor B. City Council C. City Manager Recommendation: Disposition by Council: 41110 4 110 StaffReport To the Honorable Mayor and City Council Date: June 4, 2010 Agenda Item No: XI 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 A enacted with one motion. There will be no separate discussion of these items unless a Councilmember requests that an item be removed from the Consent Agenda and be considered, in sequence, as a routine agenda item. Recommendation: Disposition by Council: 4,0 Staff Report To the Honorable Mayor and City Council Date: June 4, 2010 Agenda Item No: XI - A. Subject: Approval of regular meeting minutes dated May 13, 2010, and special meeting minutes dated May 17, 2010. Originated by: Kathy Turner, City Secretary Summary: Meeting minutes dated May 13, 2010 and May 17, 2010 are attached for your review and consideration. Recommendation: RECOMMEND APPROVAL Disposition by Council: 3503 MINUTES KENNEDAL Y COUNCIL REGUL • ' �— MAY 13, 2010 405 MUNICIPA 1 'I DALE MUNICIPAL BLDG. b CIL CHAMBERS CALL TO ORDER Mayor Lankhorst called the meeting to order at 5:30 p.m. II. 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 Hart City Manager Wayne K. Olson Legal Counsel Kathy Turner City Secretary Rachel Roberts Planner Sakura Moten - Dedrick Director of Finance Tommy Williams Chief of Police Larry Ledbetter Director of Public Works III. WORK SESSION A. UTA Capstone Report on Oak Crest Redevelopment. An Economic Redevelopment Options Study for the Oak Crest area was presented by Mike Foreman, Christopher Bobbitt, and Jean Petr. Mr. Foreman addressed the purpose of the study, in which potential redevelopment options for the area to recover lost sales tax and increase property values were highlighted. Next, Christopher Bobbitt provided the Analysis Economic Development Options, which covered Tax Increment Finance District (TIP), Public Improvement District (PID), Municipal Management District (MMD), and Municipal Utility District (MUD). Other analysis options spoke of included 380 Agreements, Brownfield Grants, and Land Banking. Last, Jean Petr spoke on Land Banking, which allows single control of an adequately sized area. Ms. Petr said limitations for this option include lack of funding, grant obligations, and environmental and tax liens. Recommendations were provided to include the creation of a long -term vision, and the use of an incremental step economic development approach, 3504 ,40.19 as well as the creation of an L- shaped commercial corridor along I -20 and Kennedale Parkway for the Oak Crest area. It was also recommended to use 380 agreements to bring development to the commercial corridor, explore the use of Brownfield grants if area was expanded to include salvage yards, the consideration of a PID along 1 -20 and Kennedale Parkway, and to optimize collaboration with other governmental entities. B. Chesapeake Report on drilling activities. Julie Wilson, Vice President of Urban Development with Chesapeake Energy Corporation provided a PowerPoint presentation in regards to all stages of oil and gas well drilling. C. Discuss and review any item on the agenda, if needed. There being no further discussion, Mayor Lankhorst adjourned the work session at 6:55 p.m. IV. REGULAR SESSION Mayor Lankhorst called the regular session to order at 7:05 p.m. V. INVOCATION Jason gave the invocation. Sloe VI. US PLEDGE OF ALLEGIANCE Jason led the U.S. 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." Jason led the Texas Pledge of Allegiance. VIII. PRESENTATION(S) A. Mayor Lankhorst will present a proclamation to the Public Works Department declaring May 16 -22, 2010 as National Public Works Week. Mayor Lankhorst presented a proclamation to Larry Ledbetter, Director of Public Works in recognition of National Public Works Week, May 16 -22, 2010. B. Nathan Deegan, YAC Chairman will summarize Kennedale Youth Advisory Council activities. Nathan Deegan, YAC Chairman introduced outgoing seniors and incoming new members, prior to giving a summary of YAC activities. 3505 Next, Tia Angadicherel, Historian presented a slide show and scrap book to the City Council. IX. VISITOR/CITIZENS FORUM Pat Doescher, Chairman with the Kennedale Chamber of Commerce provided the following announcements /updates: 1. Annual Awards Luncheon scheduled for Wednesday, May 19 at 11:30 a.m. at Life Fellowship Church; and 2. Kennedale Chamber of Commerce Map undertaking with KISD in which business ad spots will be sold; and 3. Tourism Meeting with Mansfield, Arlington, and Kennedale. 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 Mayor Lankhorst announced that a special meeting is scheduled for Monday, May 17 at 5:30 p.m. to canvass election results and a city wide garage sale and clean -up is scheduled for Saturday, May 22, 2010 at 1000 E. Kennedale Parkway. B. City Council Councilmember Green announced that it had been a pleasure working with fellow Councilmember's over the years, and C. City Manager Bob Hart, City Manager announced that the Kennedale Fire Department would be hosting training at 1000 E. Kennedale Parkway on Saturday, May 15 the Kennedale Municipal Court would be hosting a regional training seminar on May 18 and that the Kennedale Police Department has applied to receive state accreditation. 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. Mayor Pro -Tem Clark requested item #E be removed from consent agenda. A. Approval of regular meeting minutes dated April 8, 2010. B. Approval of Resolution No. 325, authorizing participation in NLC Prescription Discount Drug Card Program. 3506 kid C. Approval of Notice from the Public Utility Commission (PUC) of Texas for a Consumer Price Index (CPI) Adjustment to municipal telecommunications right -of -way access line rates. D. Approval to authorize the City Manager to execute a contract with Tarrant County Tax Assessor - Collector for the assessment/collection of Ad Valorem taxes for the 2010 Tax Year. Mayor Pro -Tem Clark moved to approve consent agenda items A -D, second by Councilmember Turner. Motion carried unanimously (5 -0). E. Approval to authorize the City Manager to execute a License Agreement with Carrizo Oil and Gas Company. Mayor Pro -Tem Clark moved to authorize the City Manager to execute a License Agreement with Carrizo Oil and Gas Company, second by Councilmember Miller. Motion carried unanimously (5 -0). XII. REGULAR ITEMS F. Review and consider action to schedule a special meeting for Monday, May 17, 2010 at 5:30 PM to canvass May 8, 2010 General Election. Councilmember Turner moved to schedule a special meeting for Monday, May 17, 2010 at 410 5:30 PM to canvass May 8, 2010 General Election, second by Councilmember Miller. Motion carried unanimously (5 -0). G. 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. Mayor Pro -Tem Clark moved 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 contingent upon the following amendments: 1) Definition section — add provision that a church shall be treated as a residential unit or sufficient language to identify that they are treated in the same fashion as a residential structure; 2) Amend Section 23.513 to provide for a new Section E, which would exempt properties owned by the Kennedale ISD and remove all related KISD projects from the city's Capital Improvements Projects contingent upon an Interlocal Agreement with the KISD identifying that the school district would be responsible for its appropriate portion of associated costs. 3507 Mayor Pro -Tem Clark indicated that his intention was to seek that the exemption is conditional provided that the school district will enter into an agreement to pay their fair share of cost related to any school capital improvement projects. He wished to have the exemption removed if the school failed to enter into an agreement. Councilmember Green seconded the motion. Discussion then ensued with legal counsel speaking of the difficulty of managing the ordinance if the school rejected the interlocal agreement, as he felt it could be on a case by case basis. Diane Palmer recommended a separate class be established for churches with the same residential rate structure. No further discussion, Mayor Lankhorst asked for a final vote. Mayor Pro -Tem Clark, Councilmember's Green, Johnson, and Turner voted aye, while Councilmember Miller voted nay. Motion carried (4 -1 -0). H. 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. Mayor Pro -Tem Clark moved 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 contingent upon the following amendments: 1. Implementation will take effect after June 1, 2010; and 2. Schedule of fees reflect a single ERU rate of $2.50 with the adjustments for impervious area calculations as presented by the City Manager. Motion seconded by Councilmember Green. Mayor Pro -Tem Clark, Councilmember's Green, and Johnson voted aye, while Councilmember's Miller and Turner voted nay. Motion carried (3 -2 -0). I. Public hearing, review, and consider action to award bid for oil and gas development for Tracts 111 & 1H01, E.C. Cannon Survey, Abstract 378, City of Kennedale, Tarrant County, Texas. 1. Staff Presentation Bob Hart, City Manager indicated that one bid was received from Griffith Land Services at a price of Four Thousand Dollars an acre with a 25 percent royalty. Mr. Hart recommended council award bid as submitted. • 2. Public Hearing 3508 Mayor Lankhorst opened the public hearing at 8:36 p.m. With no persons registered to speak, Mayor Lankhorst closed the public hearing at 8:37 p.m. 3. Action to award bid for oil and gas development. Councilmember Miller moved to award bid to Griffith Land Services for oil and gas development for Tracts 1H & 1H01, E.C. Cannon Survey, Abstract 378, and that Twenty Thousand Dollar bonus be divided among 76 employees to provide a one- time end of the year bonus. It was noted that all oil and gas monies were dedicated to a particular fund. Legal Counsel advised that the city could not give employees a bonus, as the money is public funds. However, there are other ways to structure it by putting the money aside and compensating employees for services rendered. Motion failed due to no second. Councilmember Johnson moved to award bid for oil and gas development for Tracts 1H and 1H01, E.C. Cannon Survey, Abstract 378, Kennedale, Tarrant County, Texas to Griffith Land Services, second by Councilmember Miller. Motion carried unanimously (5 -0). 4 J. Public hearing, review, and consider action to award bid for the sale of land identified as Lots 19, 20, 21A & 21B, Block 1, Woodlea Acres Addition, Kennedale, Tarrant County, Texas. 1. Staff Presentation Bob Hart, City Manager indicated that this was a portion of the land that the city had acquired for the extension of Bowman Springs Road. Based on prior discussion, we actually placed the property up for bid and one bid was received from the Fallen Heroes Memorial Foundation in the amount of $811,000.00. The purpose of acquiring the property would be to build a memorial. A real estate contract for sale has been prepared, in which they would have 18 months to make payment for the property. Recommended bid be awarded to the Fallen Heroes Memorial Foundation and authorize the Mayor to execute a Real Estate Contract for Sale. 2. Public Hearing Mayor Lankhorst opened the public hearing for public comments at 8:45 p.m., and closed the public hearing at 8:46 p.m., after no persons registered to speak. 3. Action to award bid for sale of land. Councilmember Turner moved to approve sale of Lots 19, 20, 21A & 21B, Block 1, Woodlea Acres Addition, Kennedale, Tarrant County, Texas to the United States Fallen Heroes Foundation representative Walter R. Coleman for the sum of 3509 $811,000.00, and to authorize the Mayor to sign Real Estate Contract for Sale. ,, Motion seconded by Councilmember Green, and motion carried unanimously with all members voting in favor (5 -0). K. Discuss and consider naming of Bowman Springs Rd. Councilmember Green moved to re -name the current Bowman Springs Road to W. 3rd Street as Corry A. Edwards Drive effective November 11, 2010, and to continue the name of Bowman Springs Road from city limits to Dick Price Road. Motion seconded by Councilmember Turner. Motion carried unanimously (5 -0). L. Review and consider action to declare the U.S. Fallen Heroes Memorial as a City Economic Development Project pursuant to Chapter 380, L.G.C. Mayor Pro -Tem Clark moved to declare the U.S. Fallen Heroes Memorial as a City Economic Development Project pursuant to Chapter 38, L.G.C., second by Councilmember Green. Motion carried unanimously (5 -0). M. Review and consider action to authorize the City Manager to execute an Interlocal Agreement with Tarrant County to fund transportation project — Kennedale Sublett Road. Councilmember Johnson moved to authorize the City Manager to execute an Interlocal Agreement with Tarrant County to fund transportation project for Kennedale Sublett Road, second by Councilmember Turner. Motion carried unanimously (5 -0). N. Review and consider action to dedicate easements to utility companies within the boundaries of the former Municipal Drive. Mayor Pro -Tem Clark moved to dedicate required easements to utility companies within the boundaries of the former Municipal Drive, second by Councilmember Miller. Motion carried unanimously (5 -0). O. Review and consider action to authorize the City Manager to execute an Interlocal Agreement with Tarrant County to fund transportation project — Little School Road. Mayor Pro -Tem Clark moved to authorize the City Manager to execute an Interlocal Agreement with Tarrant County to fund transportation project for Little School Road, second by Councilmember Turner. Motion carried unanimously (5 -0). There being no further discussion, Mayor Lankhorst recessed the meeting at 9:33 p.m. to enter into executive session. 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. 1. Noise ordinance 3510 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. Little School Road re- alignment properties C. The City Council will meet in closed session pursuant to Section 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to a business prospect with which the city is conducting economic development negotiations. 1. Transfer of property located at 1000 E. Kennedale Parkway 2. Development of property located at 3830 New Hope Road XIV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED. Mayor Lankhorst reconvened into open session at 10:18 p.m., with no action taken on executive session item. XV. ADJOURNMENT There being no further business to consider, Mayor Lankhorst asked for a motion to adjourn the meeting. Mayor Pro -Tem Clark so moved and Councilmember Miller seconded the motion. Meeting adjourned at 10:19 p.m. APPROVED: Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary 410 3511 MIND • KE ►I , '' t • UNCIL SPEC • ► -MAY 17, 2010 KENNED • E MUNICIPAL BUILDING COUNCIL CHAMBERS CALL TO ORDER Mayor Lankhorst called the special meeting to order at 5:30 p.m. II. ROLL CALL Kathy Turner, City Secretary called roll with the following persons present/absent: 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 Council absent: Jerry Miller Councilmember, Place 5 Staff present: Bob Hart City Manager Kathy Turner City Secretary Rachel Roberts Planner Kelly Cooper Human Resources Director Tommy Williams Chief of Police Larry Ledbetter Director of Public Works Jennifer Bozorgnia Court Administrator Coordinator III. 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 thanked Fire Chief, Mike McMurray for hosting a Fire Rescue Roundup, and thanked the Chamber of Commerce Personnel for taking the time to serve lunch during the event. C. City Manager Bob Hart, City Manager introduced newly hired Human Resources Director, Kelly Cooper. • 3512 Nair IV. CANVASS ELECTION A. Review and consider action to approve Resolution No. 326, canvassing May 8, 2010 General Election. Mayor Pro -Tem Clark moved to approve Resolution No. 326 canvassing May 8, 2010 General Election, second by Councilmember Johnson. Motion carried unanimously (4 -0). After approval of resolution, Mayor Lankhorst presented a Certificate of Election to newly elected Councilmember, Liz Carrington and re- elected Councilmember Kelly Turner, followed by the City Secretary, Kathy Turner issuing the Oath of Office to Mayor Bryan Lankhorst, and Councilmember's Liz Carrington and Kelly Turner. Mayor Lankhorst then presented a plaque to outgoing Councilmember Green and thanked him for his outstanding leadership and service to the City of Kennedale from May 2004 to May 2010. Next, Councilmember Green provided a few tips with props to newly elected Councilmember, Liz Carrington to expedite the learning curve on how to deal with each individual personality on council, as well as the City Manager, Bob Hart. He then proceeded to thank staff and the citizens of Kennedale who put their trust in him to make decisions for the community. 4100 In closing, the Mayor, Council, and City Manager expressed their good will working along- side Councilmember Green and thanked him for the many changes and accomplishments that have taken place, providing assistance with the family roots and history of Kennedale, and for being a mentor with the Kennedale Youth Advisory Council, and wished him well. B. Review and consider action to approve Election Register. Councilmember Johnson moved to approve Election Register, second by Councilmember Carrington. Motion carried unanimously (4 -0). C. Election of Mayor Pro -Tem. Councilmember Turner moved to re -elect John Clark to serve a one -year term as Mayor Pro -Tem, second by Councilmember Johnson. Councilmember's Turner, Carrington, and Johnson voted aye, while Mayor Pro -Tem Clark abstained. Motion carried (3 -0 -1). D. Review and consider action to approve Ordinance No. 454, appointing Municipal Court Judge and Associate Judge to the Municipal Court of Record. Mayor Pro -Tem Clark moved to approve Ordinance No. 454, appointing Bill Lane as Municipal Court Judge, and Craig Magnuson as Associate Municipal Judge. Motion seconded by Councilmember Turner. Motion carried (4 -0). 3513 V. ADJOURNMENT There being no further business to consider, Mayor Lankhorst asked for a motion to adjourn the meeting. Councilmember Carrington so moved and Councilmember Turner seconded the motion with all members voting in favor (4 -0). Meeting adjourned at 6:08 p.m. APPROVED: Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary StaffReport To the Honorable Mayor and City Council Date: June 10, 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 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 (1ST QUARTER AS OF MARCH 31, 2010) % NO 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 46.30% 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 (0.00 %), $2.735M 2007A CO Bond Fund (0.00 %), $2.9M 2007 CO Bond (5.90 %), 2008 CO Bond Fund (32.40 %) and $2.0M 2010 CO Bond Fund (15.40 %). As of the report period indicated above, 55.50% of the City's investments are in investment pools, while 2.00% are in reverse repurchase agreements in the form of a sweep account. The remaining 42.50% 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. 2010 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter , Beg Book Value (All) 12,336,384.80 Qtr Deposits 12,300,220.14 Qtr Withdrawals (11,650,457.28) Interest Earned 5,273.17 End Book Value (All) 12,991,420.83 Market Value 12,991,420.83 Of Investments 2009 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Beg Book Value (All) 15,553,040.05 15,878,196.11 15,266,442.89 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 PORTFOLIO OF TERM INVESTMENTS The City does not currently own any fixed term maturities. „fit PORTFOLIO OF AGENCY INVESTMENTS The City does not currently own any agency securities. INVESTMENT STRATEGIES The City's main objectives in managing the portfolio are as follows: (1) to diversify and to ensure safety of the principal, (2) to maintain sufficient liquidity to meet all operating requirements, (3) to make all investments with prudent judgment and care, and (4) to attain a rate of return commensurate with the City's investment risk constraints. The City does not purchase high -risk investments such as derivatives. The following table indicates investment rates for the three -month period ending as of the report period indicated above. MONTH TEXPOOL TEXSTAR TEXASTERM T -BILLS January -10 0.1630% 0.1604% 0.1712% 0.0760% February -10 0.1512% 0.1453% 0.1669% 0.0585% March -10 0.1577% 0.1552% 0.1824% 0.0560% Average Rates 0.1573% 0.1536% 0.1735% 0.0635% This Time Last Year 0.7336% 0.7334% 0.8957% 0.3978% QUARTERLY RATE COMPARISON 0.2000% 0.1800% - 0.1600% 9►-r�_ � 0.1400 % 0.1200% *44 10'' 0.1000% 0.0800% 0.0600% 0.0400% 0.0200% 0.0000% Jan -10 Feb -10 Mar -10 - + - TEXPOOL -- FTEXSTAR 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. Sakura Moten - Dedrick, Director of Finance Nerw Bob Hart, City Manager , 0 # m U/ .4 \ \ \ / / 0 } \ / \ co \ , \ - . - - - - . 4. - - - - _ IA @ 4 a \ ( , cn CV \ \ 4- CV CV ) ii \ \ \ $ \ \ ) — \ § pn el E ` ,- k Ill 2 2 69 (\ 5 8 5 5 5 5± 5 R i, a m a » m $ \ \ \ US ) , , o co ) { M « « LO k k \ ( \ cn o � _ 071 � - j \� C \ \ R co / 1 c S t . 2 ` n co > 3 5 d k ai EL3 / k )\} } j 2 ` # — CI � \ ® a co CD §a r \ k k k� } 0 ) \ 3 cn §\ ! ._ , ~ ® e !! 9 a ID r_ 9 - 2 E ! CO ) \ \ \ \ / / 4 cc o ( ( k 04 0 a » at 0§ 0 0 0 0 - — 4 4 4 0 k = § § 0 (0 0 f 0( e t 12 0 0 \\ 0 0 I tu En s- g x X 1 / 0 k k k - - ) k- w W O O w ° O U o Z Z ❑ Q v Z J N w m (0 r M (O W (7 N W O O N W M 0 N (0 0 0 CD 0 O 0 W CO N V N 0 (. N h CO n CO O 0 0 O 0 M 0 (p () 0 O O N 0 W CO 0 V < Cr N O r (n z > O Q2 ❑ 1)) J f W U Q a a Z W U W F- Q N N. 0 N CO 0 N Cr 0 co 1-- 0 0 0 0 cD 0 O 0 o v o m N v n , N 0 N O (D r - - . V W 0 N W CO'- N { LL = O r (') Z CO QE H O ❑ Z o a E N F , V) J f/)O r) 2v >Wv W u Z ` 3 J E N Z LPL C N K N 'Q co O (D (D O m 0 0 «0 0 0 h 0 V) in V' v m m m (n N- n Q' C ( n 0 CO 0 0 0 CO O Q c U. 1.-: o n t o v of N O N CO v n co 00 N III al Q G O ' 1— a of C CO Z Q O c ❑ n d m 3 d p en 3 z 0) Z W U Z 0) N~ ❑ ❑ Lu W Y 0 U Z Z w o v m Z U Q Z cn 0) N a) 0 0 I— CO co m (' d W w U U N Z C� ❑ Z W Z Z Z a. In O W o 0 0 (n U Q U V w W Z K Q a 0 w 03 F w W W CO U w w .C3 W Z c1- o -J J J J Z o_ a Z O < F W I F J W w ci O~ O Z O O m (n ai t0 4 1- w co -J - W F 11111,' Z W 2 2 0 1- O W U > U Z_ Q a w z W 03 CO e eeee )eeeeeeeeee eo ee ee e y 0 0 Is- I O N o 0 o 0 n N o 0 0 0 0 0 0 0 0 0 0 0 0 N G 6 C CO (N O O K) ,100666 0 0 O O 0 0 O 0 O C L r N- 0) . 0 N 0 d C 0 ' 7 O O 0 (0 0 'V a 0 V u) (0 l"1 0 N N M CO - O V O O o (6 N 0 (` 4 ( O O (0 C o 'a (f) M (O 4 0 0 N r)wNn 00 (0(nrn v Y 7 0) N f") M CO Is M (O O 10 u) 0) 0 0 (O C CO r W > N M u) CO O n (O at 01 r CO: r N r r a t. r N O 0 (D o V 1, 0 () CO {+l 0 N N M (O I's 0 V W O 7 0 (O N N 1` V ' 0 0 M O rn W M O N rs 0 0 ( ( 0 0 ) N , 7 4, N 0 M ) NI- M 0 0 (0 V O r 0 p N M CD v) CO 0 1'- (D 0) 01 W 0 r N r N r r N CO N r N M 0 0 0) u) N (n M O) CO Is CO 0 Is CD 4 01 0 V r (0 ( � ( ' (C) N ' N ( O Lo d (D o u) (0 V M Is Is N d r O 0 H rn o o rn (o Co" M V [f M N 'd I La i i 0) N i i (4 i ( A o O M M u) 0 V 0) u) CO (D O P. .o () 0 ri N r N (O O O t u) M W u) N v 1.0 re 0 n N sr i Q A 2 M an 5 N (D M 0) p N N N 0 M r _ N ri ( ( u) N u) C • t N M ( N Z 2 6 U N (0 O 0 O W a ° n rN '1 2 a r r cn 11.46 W O O 0 h 0 Is V V (0 CO O 0 0 (O N (0 0) Is CO CO CO 0 Z +sd 3 C 7 0) c5 05 ca CO (O 0 W O (N N N C N 0) ■ 7 E jp o O n CD CO u) 0 M 7 co M 0 CO 0 , ( 0 0 r' 0 M ) u) ({ N N N V CO b o (V M O u) V N D7 CD 0) M O 0 0 r N r mm r 1- 1- N .- 40 m m i 0 5 0 N E to as VI ci co 0 o -o ad 0 0 >- U =U) NU 0 J z o O Q LL O , w 2 w U O O c N w j d ° O CO 0 V a F Z O m Z 0 0 0 0 F O -. O O m O U m uJ iii R000-2 z(n(n(nz a0Un0 w 0 0 U 0 0 o h H W w 01 0 • Z 2 < << 2 O x N O 5 N I- 0 H LLI I- 1Z K O. ILI O . 04 0 Z O h ul of J 2 u) > Q O 2' 0. 00000 0 0. 0 y0000O I•- wN ui NNQ W 0 O.1 - O W CC CCCC CC CC ZU69 9 90 2 I w Q Z' ZLL t a iILiLi_l a i .00000ct h ILI U 0 J = z J J J J W a d d d d X X 0 z W F Ce CI 0 a w w w w w 2 w w w w w w w x Q w¢ O¢ a ? O a 0 (0 ca ���� ? HHH HI- HH U Z OZ az FZ OZ h StaffReport To the Honorable Mayor and City Council Date: June 4, 2010 Agenda Item No: XI -C Subject: Approval to authorize the City Manager to execute an Interlocal Agreement with the City of Fort Worth for mutual aid fire services. Originated by: Mike McMurray, Fire Chief Summary: In March Chief McMurray received a request for a meeting to discuss a fire mutual aid agreement with Fort Worth. Chief McMurray and Fort Worth Battalion Chief Dale Jones representing Chief Rudy Jackson, discussed the mutual aid plan and agreed to proceed as quickly as possible considering the need to have the agreement reviewed by their city managers and attorneys. Following clarification of the areas within each city that will be subject to mutual aid response, the chiefs agreed to seek approval of the mutual aid agreement by their respective city councils. Recommendation: Recommend approval. INTERLOCAL AGREEMENT FOR FIRE SERVICES THIS INTERLOCAL Agreement for Fire Services ( "Agreement ") is entered into by and between the City of Fort Worth, a home rule municipality in the State of Texas ( "Fort Worth "), acting by and through Tom Higgins, its duly authorized Assistant City Manager, and the City of Kennedale, a home rule municipality in the State of Texas ( "Kennedale "), acting by and through Bob Hart, its duly authorized City Manager. Fort Worth and Kennedale are sometimes hereinafter referred to individually as the "Party" and collectively as the "Parties ". WHEREAS, the governmental entities which are Parties to this Agreement desire to enter into an agreement concerning mutual aid fire services on an as requested basis; and WHEREAS, the Texas Government Code, Chapter 791, the "Interlocal Cooperation Act," authorizes local government entities to enter into interlocal contracts for governmental purposes; and WHEREAS, the Texas Government Code 791.006 specifically authorizes interlocal agreements for fire services; NOW, THEREFORE, it is mutually agreed by the Parties hereto to enter into this Agreement upon the following terms: I. Services to be Performed. The services to be performed under this Agreement are as listed in Attachment A, which is attached hereto and considered a part hereof for all purposes. The services performed shall be subject to the Operating Provisions in Attachment B, which is attached hereto and considered a part hereof for all purposes. II. Costs Reimbursed. Kennedale and Fort Worth agree to reimburse each other for actual costs other than ordinary operating costs incurred by each other in the performance of this Agreement. Reimbursement shall be made on an incident -by- incident basis and shall be made subsequent to a submission of an invoice by the Party incurring costs to the other Party. Notwithstanding the above, each Party shall be responsible for all costs associated with its own equipment, including damage and breakage. III. Term of Agreement and Termination. The term of this Agreement shall be for one year beginning upon approval by both Parties and renewing automatically for additional one -year periods. Either Party may terminate this Agreement without penalty upon sixty days notice in writing to the other Party. Page 1 of 9 IV. Liability. Each Party to this Agreement shall at all times be and remain legally responsible for the conduct of their respective fire department employees regardless of whether such employees were performing duties under this Agreement at the request of the requesting City and regardless of whether such employees were acting under the authority, direction, suggestion or orders of an officer of the requesting City. This assignment of civil liability is specifically permitted by section 791.006(a -1) of the Texas Government Code ( "Code ") and is intended to be different than the liability otherwise assigned under section 791.006(a) of the Code. Each Party hereby waives all claims against the other Party for compensation for any Toss, damage, personal injury or death occurring as a consequence of the performance of this Agreement. Neither Party shall be reimbursed by the other Party for costs incurred pursuant to this Agreement, except as set forth in Section II of this Agreement. Personnel who are assigned, designated, or ordered by their governing body to perform duties pursuant to this Agreement shall receive the same wage, salary, pension, and all other compensation, benefits and rights for the performance of such duties, including injury or death benefits and Worker's Compensation benefits, as though the service had been rendered within the limits of the requesting City where he or she is regularly employed. All wage and disability payments, pension payments, damage to equipment and V clothing, medical expenses, and expenses of travel, food, and lodging or any benefits or payments to which an individual is entitled shall be paid by the City in which the employee in question is regularly employed. All equipment used by the responding City in carrying out this Agreement will, during the time response services are being performed, be owned, leased, or rented by such responding City. All employees acting on behalf of a responding City at the request of a requesting City will, during the time response services are being performed, be employees members of the responding City for all purposes, including any claims for Worker's Compensation that may arise during the time such services are being rendered. At all times while equipment and personnel of the responding City are traveling to, from, or within the geographical limits of the normal response area of the requesting City in accordance with the terms of this Agreement, such personnel and equipment shall be deemed to be employed or used, as the case may be, in the full line and cause of duty of the responding City. Further, such personnel shall be deemed to be engaged in a governmental function of their City. Nothing herein shall be construed to be a waiver of immunity under the Texas Tort Claims Act by either Party. V. Independent Contractor. V Each Party shall operate under this Agreement as an independent contractor, and not as an agent, representative, servant or employee of the other. Subject to the Page 2 of 9 terms of this Agreement, each Party shall have the right to control the details of its performance hereunder. "my, VI. Notice. Unless otherwise provided herein, all notices required or permitted by this Agreement shall be made to the following addresses: City of Fort Worth City Manager's Office Attn: Tom Higgins, Assistant City Manager 1000 Throckmorton St. Ft. Worth, Texas 76102 City of Kennedale Bob Hart, City Manager 405 Municipal Dr. Kennedale, TX 76060 VII. Payments. Any and all payments arising under this Agreement for the performance of governmental functions or services must be made from current revenues available to the paying Party. VIII. Compliance. Both Parties shall comply with all Federal, State and City statutes, ordinances and regulations applicable to the performance of the services under this Agreement. IX. Entire Agreement. This writing embodies the entire agreement and understanding between the Parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. X. Amendments. No alteration, change, modification or amendment of the terms of this Agreement shall be valid or effective unless made in writing and signed by both Parties hereto and approved by appropriate action of the governing body of each Party. Page 3 of 9 XI. Waiver. No waiver of performance by either Party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants, and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. XII. Governing Law and Venue. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. XIII. Successors and Assigns. Neither Party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other Party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of Fort Worth and Kennedale and their respective successors and permitted assigns. XIV. No Third -Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of Fort Worth and Kennedale, and any lawful successor or assign, and are not intended to create any rights, contractual or otherwise, to any other person or entity. XV. Severability. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. XVI. Force Majeure. It is expressly understood and agreed by the Parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the Party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the Party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period Page 4 of 9 applicable to such requirement shall be extended for a period of time equal to the period such Party was delayed. XVII. Contract Construction. The Parties acknowledge that each Party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting Party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. XVIII. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. XIX. Right to Audit. Kennedale agrees that Fort Worth will have the right to audit the financial and business records of Kennedale that relate to the services provided (collectively "Records ") at any time during the Term of this Agreement and for three (3) years thereafter in order to determine compliance with this Agreement. Throughout the Term of this Agreement and for three (3) years thereafter, Kennedale shall make all Records available to Fort Worth at 405 Municipal Dr., Kennedale, Texas following reasonable advance notice by Fort Worth and shall otherwise cooperate fully with Fort Worth during any audit. Fort Worth agrees that Kennedale will have the right to audit the financial and business records of Fort Worth that relate to the services provided (collectively "Records ") at any time during the Term of this Agreement and for three (3) years thereafter in order to determine compliance with this Agreement. Throughout the Term of this Agreement and for three (3) years thereafter, Fort Worth shall make all Records available to Kennedale at 1000 Throckmorton Street, Fort Worth, Texas following reasonable advance notice by Lake Worth and shall otherwise cooperate fully with Kennedale during any audit. Notwithstanding anything to the contrary herein, this Section XIX shall survive expiration or earlier termination of this Agreement. Page 5 of 9 Executed this day of , A.D. 20 ATTEST: CITY OF FORT WORTH By: City Secretary Tom Higgins Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Nior City Attorney Date: ATTEST: CITY OF KENNEDALE By: Kathy Turner, City Secretary Bob Hart City Manager APPROVED AS TO FORM AND LEGALITY Wayne K. Olson, City Attorney Date: Page 6 of 9 ATTACHMENT "A" MUTUAL AID RESPONSE A. Fort Worth: 1. Calls for assistance during "working" structure fires shall be given on an "as needed basis ", yet shall not exceed a normal one- alarm assignment as described by the Fort Worth Fire Department. All such responses are subject to availability of personnel and equipment. 2. Grass Fires — will respond with (1) brush truck or tanker upon request. All such responses are subject to availability of personnel and equipment. B. Kennedale 1. Calls for assistance during "working" structure fires shall be given on an "as needed basis" by Kennedale and shall include one engine /quint staffed with a minimum of 3 firefighters. All such responses are subject to availability of personnel and equipment. Boundary of the response area shall be in that portions of the City of Fort Worth in 2010 Mapsco coordinates: Page 106, grid C, D, G, H, L, M, Q, and R Page 107, grid A, B, C, E, F, G, J, K, and L As well as the portions of the City of Fort Worth that lie within the boundaries of: South of David Strickland East of Parker Henderson North of Mansfield Highway and Ronald Reagan Memorial Highway West of Lake Arlington 2. Grass Fires — will respond with (1) brush truck or tanker upon request. All such responses are subject to availability of personnel and equipment. Page 7 of 9 ATTACHMENT "B" Operating Provisions I.. Any dispatch of equipment and personnel pursuant to this Agreement is subject to the following conditions: A. Any request for aid hereunder shall include a statement of the amount and type of equipment and number of personnel that are needed, but the amount and type of equipment and number of personnel to be furnished shall be determined by a representative of the responding city. The Parties would provide a fire company staffed by certified firefighters as certified by the Texas Commission on Fire Protection. B. In areas where common jurisdictional boundaries exist, it is conceivable that accurate determination of jurisdiction may not be possible upon receipt of an alarm. In such cases, it is deemed appropriate and in the best interest of the public for the entity receiving the alarm to dispatch its forces and to notify the other affected entities of the alarm. The requested entity will respond, if able to, as conditioned by this agreement. C. In the event that the responding city is unable to respond to the request for assistance, the fire chief or designee of the responding city shall immediately notify the fire department of the requesting city that no response can be made. D. Personnel from the Fire Department of the responding city shall report to the officer in charge of the requesting city at the location to which the equipment are dispatched and shall be subject to the orders of that official. At all times the ultimate control and responsibility of the personnel from the responding city shall remain with the highest ranking fire officer from the responding city at the scene. The Command Post will be staffed by representatives from both Kennedale and Fort Worth so that a "Unified Command" is established. E. Personnel from the Fire Department of the responding city shall be released by the officer in charge from the requesting city when the services of the responding city are needed within the area for which it normally provides fire protection. k it F. A working accountability system in accordance with NFPA guidelines shall be established at every incident. Page 8 of 9 G. The departments shall conduct a minimum of one joint training session ,' and /or exercise annually. II. All equipment used by the responding Fire Department in carrying out this Agreement will, at the time of action hereunder, be owned by it. NINO Page 9 of 9 rant R1N n K i-43; N. MOO I e Cir DICE �„ S F1JR.ANE N C ER - 4 ® Lan takevfe v ° v MHP 40101 6 Z § c' a N G . RR Crest n � MARTIN a 1 !Z � "Ake Arlington : '` .346 - r ,Z4 .! o t 5 < f,,,,.. { El Lag II s P- r+ MHP • kz ® cwt a o N /KEWS MARTIN Q t I MARTIN ___ s . -- -- - horefne Or N PECOS — 53 • o� ..e a o .WELL 4. Willow pr g x °! m WJ i 4,- Y roirie Dog Willow MHP r s i ' ' - Bi Fo; td ^ hne Cir g i Park t�u a ' i t G 5 �, t ED p D " � Sings , 820 '.f El Lego t e t, B LVO o ' V" FORTWORTH " t F M �KFAg . r m W Sg E CT o I — DAVID STR O ' DAVIDSTRICKLAND '_„_ MKE vAS 5 � Geelndi an r - s h X N 57 • t G O e A g.E Creek p c,, -n t STA FARLEY _ I .. �; VE JOT__ _ t _ - -., t x AND Ill W - f 1 0 . MHa Maple Terrace g i s , • . CT 6. E v 0. B puma a W M P a,, 5 e O ' - S UN VALLEY.. -R! -..- -- --. ® _ 2 SUN VAII I •' ` � e _¢ � — J $ - MAUI /a.ITflACE Crow T M3,', er ace - r e ti "� ". KALTENBRUN > ` ' Z ` `, E , KALTENBRUN —. -- I� - - a`S v 7'4' p — - -- - S eITT s e Cir o %% SAUNDERS t Z �' o „ el k Q 4, : LACKBERRY Z Andrea 1 -7,x eeY. - -.- - 4 p E 14 m R � - - 53 g �9E "1 :AND : 2 t I, R.;;G c ! a o _ _ 52 MDSSON © Mapsco, Inc. w C.. s EN 5 . SH�iE O Ce m. ! T v I U Redwood Estates v: D • D DD CT HoPyRi�ge' f W h -j o - Reda:ood N MHP K Mar r ' Mesgart Rid j 1 Marc, 2 OC IiV E Martin �n ct� G e «re : $ MHP r \NT Q ? Q T \ an avenswaay 'e 4.,s eo, 6 _na'oGN OeSroGr I hW- r`O O CC Park !� _ El T.; � - 6 " U �y ' .hENCHAME ISLE ` AF`A 1 �F \ � ��CO�SAIR rG ¢_ ¢� �tU'' CkS C�Sa :aC d2 We %3ndrl3$�v - `t/ ~ c Q CT ' . Bute Jints h _e 8 0' ;1 U A CO ° a _ P, Cl FF ¢ ENS\ .`" E0/ 724 ..'r`U'' P� 51 S Sr :,+a'aCT� U Q ,Sr ¢ c7 Lin- 5 V ; PaTS CT 45 si5 50 51 fur :. • r "' �o 24 - - - _.]/ �l�Alet ` : '� --� � pct . U o Fao NSF ?� i —� ° st - 7F 442 0 ( _ L� c MELINDA Ee l 7� y y' 1 - Q Z � i m R ONALD REAbAN MEMO ; 1z M X1flS I M UNOT Wi J 13 BO LEN 44 ;4 3 9 HV� — k DOR W �l 9 H iOH c y� Z cc c, __ D ALE bi • E 4 ' 9 F _40 m 9 � ° t.` 3 z yTre SHADVHILL s ��'N� ��" ti �G -� O a LEONARD_ o co .o I-- - uE E N P TA . 20 f " v��`" CO N MAATTHEW cT = < PACKA'0 ° RVP F ea F � � , OVA � ! � / I5 CALIFORNIA PKWY E m c m �? a us KEN E //�� 9 uN 2 87 II LOO' . r N ti I p� _ c- °6RESi F11tt ., AEG a ` � ��5 i � � 'V SYLVANIA , CIR _ICIVIEVY F 0 9�i \� �'�(( wCREE'W000CT , y F� ° wAUTL�VNW00 Cr 3 W Oaks e. Highw y287 CT LONE OAK! till z H ILL e� WALNUT A M P Kennethe I ' CC NT l1 j iY � �\ G o t r��F i ` pO S � ` � _ zVVi \OY o e s'• � �`a VP,` w` 2 V ) oodleaAcres \ I MHP AMANDA PAR V00 \,,- �I °" SPRI G ° Shady Grove 0 F O R T � eq /[Ey CJ s ARTHUR - 4 J s � z MHP r0 Arth:_: Z �. BOWIES auLE J Z O �9G P ¢ _ _ �� O � a W 0 RTH : 2200 Gggs Park %� C �y s k LII I L •97' 14'00° 1.97'15'00" SCALE IN MILES [01. CONTINUED ON MAP 107 () SCALE IN FEET •. �. ,- �ovotr_ur onno L.. u eoe,•r1 wr. .err PIt TC PFcFRVFfl n innn onnn q M A MAI IHt " CI = a PACKA'D CT R -j 'es `il , CALIFORNIA PKWY E L A REPK : a , o ' g F 1 �� 15 ° on Y' ....:_ -... _......._�r�rww D S n R' ' SUS -- --- �a�wa4 am+� N IIN • �, 287 CREST HitLLOOP'8's t IV 1111,11Pr, CIR WIDGV£W I cis". ti� Q WOODY F 0 O a T 4 L 0 S Oaks '`. • 4YAlNUI'A Nrgri MHP� H 1 L L 1 CENTU Y G � � ? z WINDY n r — — �'' ,0 1 �`� P ` GRIGGi W. Shady Grove ; f i ` �EYY U Ne : 0 1 * MHP Z ( ® (a _ I .1 - 97'16'00' O v „_ __I FREEMAN! 120 4. T ` °� Cr � �`� �iN RTH ?Q 4U F LE FOREST 1 u 1 1 C 3 1 4 7 SCO / ,7t; A+r APnE�iE£ CT ? I S CFATIJAM CT ° o , M WOOBRIDGE r ✓� HILL HILL FORT WORT H 2 REK... z 35 m ., ✓n v `t z ", ° m Park 3 .5 G - ^ ^ SHADY LON STEPHENSON LaN STEPHENSON 70 34 45 47 " - 3'r,, e CL OD attune* .^ - — — AVERS w , Je' FORT WORTH z �7 0 le nc Uearhe4 Q Q N f ROYAL CREST N cr, � ° /QI ARNOM — w EVERMAN- KENNEDALE� -r---- H B L�D 48 � m ° v) . a co m U BLUE ©Ell ANGLIN CIP. " ' `^ M as 38 Pittman Park (45 4 7 LINDA WISTERIA -- c 3 COLUMBINE Q., V �l �- D C cl 37 f ENON A VE �(< l i i i e (f U (t oh( I C (C( f CT / o 7 9 41 42 4 Eve n ------;-:1- . v �Ce to P j %) 11 �C" C� �Q V Golf Course 1. C a SCREEK 7 C�uDl Ouse g v o � - m \ '� EI o ,,'-`.'[.: 0 . Lmbervic-w .i o Golf Course I f rim-AN! v U u R V t r LL m u rs ' .56 SHELBY �j v 2 0°, 34 36 ( I GREEN 1 z I O i . „..,_ Z .c. c t e s WILSON f -- _ I StaffReport To the Honorable Mayor and City Council Date: June 4, 2010 Agenda Item No: XI -D. Subject: Approval of amended Purchase Card Policy. Originated by: Kathy Turner, City Secretary Summary: Purchase Card Policy is still being revised. Policy will be sent for your review prior to the meeting. Recommendation: Staff Report To the Honorable Mayor and City Council Date: June 10, 2010 Agenda Item No: XI -E . Subject: A RESOLUTION DECLARING CERTAIN PROPERTY SURPLUS AND /OR SALVAGE Originated by: Sakura Moten - Dedrick Summary: On an as needed basis, but at least annually, the City of Kennedale conducts an inventory of surplus and /or salvage personal property. Surplus and/or salvage personal property includes items considered to be in excess of department needs, no longer in use by the department, technically or mechanically Slime obsolete, no longer functioning, or has no intrinsic value (junk). In the past, the City Council has deemed items, such as vehicles, motorcycles, maintenance /construction equipment, computer /information technology equipment, abandoned property, miscellaneous DPS equipment, office furniture and office supplies as surplus and/or salvage. Under no circumstance is a department to dispose of City -owned assets on their own. The City of Kennedale's surplus and /or salvage property procedures require that the City Manager or designee inspect all properties and make a recommendation as to whether the item can be utilized by another department, sent for auction, transferred to an eligible entity or simply disposed. If auctioned, the City generally looks to an outside organization or company to conduct live auctions, internet auctions, competitive sealed bids and /or sales at their retail storefronts. If discarded, a member of the Finance Department serves as a witness to the disposal. In our continuing effort to maintain assets, the City Staff recently conducted an inventory of all vehicles and major equipment as the result of recent purchases for which expenses were budgeted in the current year. In doing so, we have identified six vehicles, one old animal control cage, and several other pieces of equipment that can be auctioned. The auctioneer has these items in its possession. Recommended Motion: Staff recommends approval. Disposition by Council: 460 RESOLUTION NO. 328 A RESOLUTION OF THE CITY OF KENNEDALE, TEXAS, DECLARING CERTAIN PROPERTY SURPLUS AND /OR SALVAGE; PROVIDING FOR THE AUTHORIZATION OF THE SALE OF SAID PROPERTY; AND PROVIDING AND EFFECTIVE DATE. WHEREAS, it has been determined that the City of Kennedale possesses items of surplus and /or salvage; and WHEREAS, the procedure for notification of the owners of surplus and /or salvage property, as outline in the State Statute, has been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: Section 1. That all matters state in the above preamble are true and correct and are incorporated herein as if copied in their entirety. Section 2. That all items described in the attached Exhibit "A" are hereby declared surplus and /or salvage. Section 3. That the City Manager, or his designee, is authorized to conduct the sale of said property. Section 4. That this resolution shall take effect from and after the date of its passage. PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale, Texas, this the 10 day of June 2010. APPROVED: Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary 06 -10 -10 "". SURPLUS & SALVAGE LIST EQUIPMENT DESCRIPTION OPERATIONAL MODEL SERIAL /VIN NUMBER QUANTITY DEPT ACTION 1992 CHEVROLET PICKUP- 3/4 TON WITH DUMP BED YES - 9241 1 WATER AUCTION 2000 FORD EXPEDITION 4X4 YES - 4320 1 PERMITS AUCTION 2000 FORD EXPEDITION 4X4 YES - 7698 1 PERMITS AUCTION 2000 FORD EXPEDITION 4X4 YES - 9010 1 FIRE AUCTION 2005 FORD 4D CROWN VICTORIA YES - 4435 1 POLICE AUCTION 2005 FORD 4D CROWN VICTORIA YES - 4436 1 POLICE AUCTION ANIMAL CONTROL CAGE FROM 1994 CHEVROLET PICKUP YES - - 1 POLICE SOLD (FOREST HILL) METAL STORAGE LOCKER YES - - 7 POLICE AUCTION METAL STORAGE LOCKER YES - - 1 POLICE SOLD (GOODE) METAL STORAGE LOCKER YES - - 3 POLICE SOLD (WORTHY) 'id 4 1/1 StaffReport To the Honorable Mayor and City Council Date: June 10, 2010 Agenda Item No: XI -F. Subject: APPROVAL OF BUDGET WORKSHOP AND SPECIAL MEETINGS Originated by: Sakura Moten - Dedrick Summary: The Property Tax Code and Local Government Code provides for specific legal requirements in which a taxing unit must comply in order to adopt their tax rate. In an effort to comply with the aforementioned codes, the City has set the budget /tax schedules as outlined below: 06/10/10 Work Session: Discuss Strategic Planning & Review Budget Process 07/31/10 Work Session: Annual Budget Workshop 08/06/10 Publish Notice of Effective Tax Rate 08/12/10 Work Session: Receive Proposed Budget, Certified Appraisal Roll, Rate Calculations Regular Session: Vote to Place Proposal on Future Agenda 08/13/10 Publish Notice of Public Hearing on Budget & 1 Public Hearing on Tax Increase 08/20/10 Publish 2 Notice of Public Hearing on Tax Increase 08/24/10 Special Session: Public Hearing on Budget & 1 Public Hearing on Tax Increase 09/02/10 Special Session: 2 Public Hearing on Tax Increase 09/03/10 Publish Notice of Tax Revenue Increase 09/09/10 Regular Session: Adopt Budget, Adopt Tax Rate, Ratify Tax Increase Reflected In Budget Recommended Motion: Staff recommends approval. Disposition by Council: CITY OF KENNEDALE, TEXAS ANNUAL PROGRAM OF SERVICES 411110 BUDGET CALENDAR ' 01 /01 Tarrant Appraisal District Beginning of appraisal year. 04/15 Tarrant Appraisal District Last day for businesses to file property tax renditions. 05/01 Finance Review Budget Calendar. 05/07 City Secretary Publish Open Meeting Notice (72 Hours). 05/13 City Council Regular Session: Approve tax collection contract. 05/14 Tarrant Appraisal District Notification of preliminary values to all taxing jurisdictions. 05/25 EDC4B Provide Notice of Projects & Public Hearing to newspaper. Newspaper deadline is noon Tuesday. 05/26 Staff Budget Kick -Off. 05/28 Newspaper Publish Notice of Projects & Public Hearing. Must allow for period of 60 days from date of publication to close before recommending to Council. Must also publish 15 dayprior to public hearing. 05/31 Tarrant Appraisal District Property owner has 30 days from the date of the notice or until May 31, whichever is later, to file a protest. 06/04 City Secretary Publish Open Meeting Notice (72 Hours). 06/10 Tarrant Appraisal District Notification of preliminary values to all taxing jurisdictions. City Council Work Session: Discuss Strategic Planning, review budget calendar. Regular Session: Approve special sessions (08/24, 09/02). 06/11 City Secretary Publish Open Meeting Notice (72 Hours). 06/15 EDC4B Public Hearing given Notice of Projects. 06/18 Staff Submit FY09 /10 Estimates, FY10 /11 Proposed budget requests, and Extended Service Programs (ESPs) to Finance. 06/21 - 06/30 Finance Meet with Staff to review submittals. 07/01 Finance Submit budget requests and ESPs to City Manager. 07/06 - 07/16 City Manager Meet with Finance and Staff to review submittals. 07/16 City Secretary Publish Open Meeting Notice (72 Hours). 07/20 EDC4B Review budget. Finance Provide Notice of Filed Budget to newspaper. Newspaper deadline is noon Tuesday. - 07/23 Tarrant Appraisal District Notification of certified values to all taxing jurisdictions. New Publish Notice of Filed Budget. — 07/26 City Manager /Finance Prepare Budget Message. 07/27 EDC4B 60 Day Notice of Projects closed. Finance File proposed budget with City Secretary, place online and email to Council. Must file proposed budget with City Secretary for public inspection 30 days prior to tax rate adoption, which is j generally by the last working day in July. "EXEMPLIFYING EXCELLENCE" CITY OF KENNEDALE, TEXAS ANNUAL PROGRAM OF SERVICES k id BUDGET CALENDAR 07/31 City Council Workshop: Review budget given certified values 08/03 Finance Provide Notice of Effective and Rollback Tax Rates, statement and schedules to newspaper. Newspaper deadline is noon Tuesday. Publish by Aug 7 or soon thereafter. Must be quarter pages, at least 8 point font and can be in classifieds. May publish at same time as Notice of Public Hearing On Tax Increase. Place on website, cable channel (60 seconds, 5 times daily, 7 days, from 7AM -9PM) and run through end of 2ND Public Hearing. 08/06 City Secretary Publish Open Meeting Notice (72 Hours). Newspaper Publish Notice of Effective Tax Rate. 08/10 Finance Provide Notice of Public Hearing On Budget to newspaper. Newspaper deadline is noon Tuesday. Must publish notice of location, date, and time. Must be published not earlier than the 30TH or later than the 10TH day before the date of the hearing. Optional: Place on website, cable channel (60 seconds, 5 times daily, 7 days, from 7AM -9PM) and run through end of budget hearing. Provide Notice of 1ST Public Hearing On Tax Increase to newspaper. Newspaper deadline is noon Tuesday. Must be quarter page, at least 24 point type title or larger, not in classifieds, and 7 days prior to 1ST Public Hearing. Place on website, cable channel (60 seconds, 5 times daily, 7 days, from 7AM -9PM) and run through end of 2ND Public Hearing. 08/12 City Council Work Session: Submit proposed budget, certified appraisal roll, and effective and rollback rate calculations. Regular Session: Discuss tax rate. If proposed rate will exceed the lower of the effective or rollback rate, vote to place proposal for tax increase on future agenda and schedule public hearings. Must be record vote and although may be left blank going into meeting, must specify desired rate at time of resolution adoption. 08/13 City Secretary Publish Open Meeting Notice (72 Hours). Newspaper Publish Notice of Public Hearing On Budget. Publish 1ST Notice of Public Hearing On Tax Increase. "EXEMPLIFYING EXCELLENCE" CITY OF KENNEDALE, TEXAS ANNUAL PROGRAM OF SERVICES BUDGET CALENDAR 08/17 EDC4B Approve projects and budget. Finance Provide Notice of 2ND Public Hearing On Tax Increase to newspaper. Newspaper deadline is noon Tuesday. Must be quarter page, at least 24 point type title or larger, not in classifieds, and 7 days prior to 2ND Public Hearing. Place on website, cable channel (60 seconds, 5 times daily, 7 days, from 7AM -9PM) and run through end of 2ND Public Hearing. 08/20 City Secretary Publish Open Meeting Notice (72 Hours). Newspaper Publish 2ND Notice of Public Hearing On Tax Increase. 08/24 City Council Special Session: Public Hearing On Budget. !` Must be set for date occurring after 15th day after proposed budget filed with City Secretary but before tax rate adoption. Public holiday or weekend not permitted and quorum is required. Special Session: 1ST Public Hearing On Tax Increase. Announce vote on tax rate, time and location. Must have 2 hearings in addition to Vote On Tax Rate. Public holiday or weekend not permitted and quorum is required. 08/27 City Secretary Publish Open Meeting Notice (72 Hours) 08/31 Finance Provide Notice of Tax Revenue Increase to newspaper. Newspaper deadline is noon Tuesday. Must be quarter page, at least 24 point type title or larger, not in classifieds, and 7 days prior to vote, if possible. Place on I website, cable channel (60 seconds, 5 times daily, 7 days, from 7AM -9PM) and run through end of vote on - -- tax rate. 09/01 Tarrant Appraisal District Notification of last certified roll to tax jurisdictions for billing and collection. 09/02 City Council Special Session: 2ND Public Hearing On Tax Increase. Announce vote on tax rate, time and location. Must have 2 hearings in addition to Vote On Tax Rate. Public holiday or weekend not permitted and quorum is required. Not earlier than 7m day after the 1si Public Hearing. 09/03 City Secretary Publish Open Meeting Notice (72 Hours). Newspaper Publish Notice of Tax Revenue Increase. "EXEMPLIFYING EXCELLENCE" CITY OF KENNEDALE, TEXAS ANNUAL PROGRAM OF SERVICES k id BUDGET CALENDAR 09/09 City Council Regular Session: Approve budget (ordinance), vote on tax rate (ordinance) and ratify budget. Vote must take place no Tess than 3 days and no more than 14 days after the 2ND Public Hearing since website and cable channel required for tax rate. Motion for tax rate requires special language and ordinance requires special language in larger type. Must be record vote on fax rate. Publish special language on website and cover page of budget book after adoption. Must adopt tax rate 60 days after certified roll is received or by Sep 30. 09/14 Finance Provide adopted tax rates to Tarrant County Tax Office. 09/30 City Council Last day to adopt budget. 10/01 Tarrant County Tax Office Tax statements and assessments mailed. 1 03/22 EDC4B Provide Notice of Projects to newspaper. Public Hearing not required. Newspaper deadline is noon Tuesday. 1 03/25 Newspaper Publish Notice of Projects. kid "EXEMPLIFYING EXCELLENCE" StaffReport To the Honorable Mayor and City Council Date: June 4, 2010 Agenda Item No: XII Subject: Regular Items Originated by: Kathy Turner, City Secretary Summary: The following items have been placed under Regular Items. These items are not considered to be routine, and will require separate discussion, in sequence, Nor as a routine agenda item. Recommendation: Disposition by Council: Staff Report to the Honorable Mayor and City Council Date: May 28, 2010 Regular Meeting /Public Hearing XII -G. Item No: Subject: PZ Case 10 -03 Originated by: Rachel Roberts, Planner PZ Case 10 -03 to receive comments regarding a proposed ordinance vacating and abandoning a portion of Bowman Springs Road in the City of Kennedale, Tarrant County, Texas, declaring that such property is unnecessary for use as a public right -of -way. Roadway to be vacated and abandoned is more particularly described as a portion of Lot 1, Block 1, Gaona Addition, a portion of Woodlea Acres Lot 21 -A, Block 1, and a portion of Lot 20, Block 1, Woodlea Acres Addition, Kennedale, Tarrant County, Texas. Physical addresses are 1022, 1029, and 1021 Bowman Springs Road. This is a city- initiated case that is part of the Bowman Springs road project. The property owners along the portion of Bowman Springs shown in the attached exhibit have petitioned the city to vacate and abandon that section of Bowman Springs. Generally, when streets are vacated, ownership of the land is granted to the owners of the property abutting the vacated land. In this case, the city owns one of the abutting properties and proposes to convey its share of the vacated land to McCaslin Holdings, the owner of property on the other side of the proposed vacation. In return, McCaslin Holdings has agreed to convey to the city another section of land needed for the Bowman Springs road project. Past Action The Planning & Zoning Commission held a public hearing on this item on May 20 and recommended approval of Case PZ 10 -03. ORDINANCE NO. 455 AN ORDINANCE VACATING AND ABANDONING A PORTION OF BOWMAN SPRINGS ROAD IN THE CITY OF KENNEDALE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; RETAINING A PUBLIC UTILITY EASEMENT; AUTHORIZING THE MAYOR OF THE CITY OF KENNEDALE TO EXECUTE A QUITCLAIM DEED RELEASING PUBLIC OWNERSHIP, INTEREST AND CONTROL OF THIS 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 Bowman Springs Road is not being used by, nor useful or convenient to the public in general; therefore, it constitutes a public charge without a corresponding public benefit, and the public would 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 a public utility easement within the area being vacated to accommodate existing and future utilities; and WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said right -of -way, the City desires to execute a quitclaim deed releasing all title, ownership and control in said right -of -way to the owner of the abutting property. (06/03/10) Page 1 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. That portion of Bowman Springs Road described in Exhibit "A ", attached hereto, is vacated and abandoned as public property, subject to the reservation of a public utility easement as described in Exhibit "B ". The right -of -way so vacated and abandoned shall revert in fee simple to the owner of the abutting property. SECTION 2. The Mayor of the City of Kennedale, Texas, is hereby authorized and directed to execute a quitclaim deed to the abutting property owner releasing all claims to title, ownership, or control of the right -of -way on behalf of the City of Kennedale, Texas, subject to the reservation of a public utility easement. A copy of this quitclaim deed shall be presented for filing with the County Clerk of Tarrant County, Texas by the office of the City Secretary. SECTION 3. The vacation approved herein shall be effective upon completion of the new alignment of Bowman Springs Road and written notice from the City Manager that the roadway is open for travel. 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 (06/03/10) Page 2 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. 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. APPROVED: Mayor, Bryan Lankhorst 4.111) ATTEST: Kathy Turner, City Secretary APPROVED AS TO FORM AND LEGALITY: Wayne K. Olson, City Attorney (06/03/10) Page 3 4110 Exhibit A PROPERTY DESCRIPTION 4i10 kid (06/03/10) Page 4 4111 Exhibit B UTILITY EASEMENT DESCRIPTION 41100 (06/03/10) Page 5 Staff Report to the Honorable Mayor and City Council Date: May 29, 2010 Regular Session /Public Hearing Item No.: XII -H Subject: Case PZ 10 -04 Review and consider action to recommend approval of proposed amendments to Chapter 17, Sec. 17 -426 of the Kennedale city code, by revising regulations governing oil and gas drilling and related operations. Originated by: Rachel Roberts, Planner Since spring of last year, the Planning & Zoning Commission has been working to draft recommendations for revisions to the oil and gas section of the city code. The Commission drafted these recommendations based on several factors. First, the Board of Adjustment requested revisions and clarification based on its experiences with gas companies requesting special exceptions. Second, city staff has expressed concern and frustration from its dealings with gas operators, and the Commission has attempted to address those concerns through its recommendations. Finally, as urban gas drilling has evolved from a new use to a more established one during the past several years, unforeseen issues have arisen, and the Commission believes that updating the city's oil & gas ordinance can resolve many of those issues. Summary of Proposed Amendments. 1. Some of the proposed changes are just organizational in nature. A few of the subsections have been moved so that the oil and gas ordinance would be easier to read, with related sections grouped together in a more orderly way. 2. Some of the proposed changes reinforce existing regulations. Adding them to the city code is not strictly necessary, but doing so serves the purpose of reminding operators that there are other parts of the city code, other than the oil and gas ordinance, that apply to their operations. Among the proposed amendments are changes related to development standards. Approving these recommendations would be very helpful to city Page 1 of 3 staff. While the city's oil & gas ordinance clearly states that operators applying for gas drilling permits must apply for a special exception, operators have repeatedly failed to understand that they must therefore be able to demonstrate that they meet the standards for receiving a special exception. During discussions about improvements they should make to drilling sites (existing or proposed), operators have implied that the improvements requested by staff were not included in the oil & gas ordinance and that they therefore did not have to make the improvements. Basically, if something is required in a different part of the city code but isn't spelled out in the oil & gas ordinance, they don't understand that it applies to them. The Commission is therefore proposing to correct this misunderstanding by stating specifically what information operators are required to submit and what improvements they are required to make in order to demonstrate their compatibility with the areas in which they wish to operate, in other words, to demonstrate why they should be granted a special exception. 3. You will see that the amendments would require oil and gas operators to provide more information than they are currently required to submit with their applications. In many cases, this is information the operators already have, either for their own purposes or to submit to other agencies, and the Commission and staff do not believe asking operators to share that information with the city will create an undue burden on the operators. 4. Some of the amendments do place more responsibility on the operators for public health, safety, and welfare than they are currently required to bear. During the past several years, gas drilling in the Barnett Shale has been in the news frequently. While sometimes the press may have exaggerated some of the concerns related to gas drilling or production, and we would be unwise to jump to conclusions, in truth this is still a new industry in terms of environmental and scientific study. It is too early to say with any certainty what the long term effects of urban gas drilling and hydraulic fracturing will be on our community. And while we don't want to be unjustifiably restrictive, the city's planning staff, the Planning & Zoning Commission, and the Board of Adjustment have felt it safer to err on the side of precaution. It would be better to prevent public and environmental health and safety problems than to have to correct them later, and at great cost. With that in mind, the Commission has proposed some additional health, safety, and welfare regulations, but has tried to do so without overly burdening the industry. One key item that I'm sure will concern the gas operators is the air sampling requirement, which was added at the request of the Board of Adjustment and drafted based on recommendations from city staff. The amendment would require operators to conduct air sampling based on standards from the Texas 1 411110 Commission on Environmental Quality and the Environmental Protection Agency, but the operators would not be required to sample in perpetuity. In essence, the requirement checks for proper operation during drilling, fracing, Page 2 of 3 and connection to pipelines. Stakeholder Input. After completing its first draft of proposed revisions to the oil & gas ordinance, the Commission asked staff to seek input on the revisions from the four gas operators currently working in Kennedale. Staff sent the draft to the operators, and the companies submitted written comments to us. The city also hosted a round table discussion, attended by representatives from the four operators, representatives from a pipeline company working in Kennedale, a member of the Board of Adjustment, a member of the Planning & Zoning Commission, and city planning staff. The comments received from operators were considered by the Commission, and the recommendations were revised accordingly. Recommendations and Past Action. A copy of the proposed revisions to the Kennedale city code is attached to this report. One additional recommended change is to list the fees in the city's fee schedule instead of in the oil and gas ordinance, which will make it easier to update the oil and gas - related fees as needed. The amendments to the fee schedule and to the subdivision regulations were not included in Planning & Zoning Commission's public hearing in May and will be placed on the agenda for public hearing at the Commission's July meeting. The proposed language for these amendments is also attached to this staff report. The Planning & Zoning Commission held a public hearing on this case during its May 2010 meeting and voted to recommend to council approval of the proposed amendments as shown in Exhibit A. City staff also recommends approval of the proposed amendments. Page 3 of 3 EXHIBIT A ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 17 OF THE KENNEDALE CITY CODE (1991), AS AMENDED, BY AMENDING REGULATIONS GOVERNING OIL AND GAS WELL DRILLING, OPERATIONS AND PRODUCTION; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 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, the City Council previously adopted regulations governing the exploration, drilling -411) and production of hydrocarbons within the City; and WHEREAS, The City Council now desires to amend said regulations in order to incorporate fire safety provisions the Council finds necessary to protect the public health, safety and general welfare; and WHEREAS, public hearings were held by the Planning and Zoning Commission of the City of Kennedale, Texas, on May 20, 2010, and by the City Council of the City of Kennedale, Texas, on June 10 2010, with respect to the amendments described herein; and WHEREAS, all requirements of law dealing with notice and publication and all procedural requirements have been complied with in accordance with the Comprehensive Zoning Ordinance and Chapter 211 of the Local Government Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. Section 17- 426(b) of the Kennedale City Code is hereby amended by adding new definitions for "Compressor," "Compressor station," "Environmentally sensitive area," and 1 "Habitable structure," amending the definition of "Drill site," and amending the spelling of "fire marshall ", which shall each read as follows; City staff : Employees and independent contractors performing services for the City of Kennedale, including but not limited to the fire marshall marshal. Compressor : A device designed to increase the pressure of a compressible fluid in order to lift gas from the well. Compressor station : A device or facility designed to increase the pressure of a compressible fluid in order for the gas to be transported through a pipeline over long distances. Drill site : The area used for drilling, development, production, or reworking a well or wells located there and subsequent life of a well or wells or the area used for any and all operational activities associated with drilling, development, production or reworking of an oil or gas well. Environmentally sensitive area : Steep slope areas, areas with highly erodible soils, floodplains and flood -prone areas, wetlands, fish and wildlife habitat conservation areas, or other areas the City considers to be of special environmental concern. Habitable structure: a structure for which a certificate of occupancy is required. A habitable IOW structure shall not include detached accessory buildings, garages, and sheds, except that accessory buildings used for home occupations shall be considered habitable structures. SECTION 2. Section 17- 426(c) of the Kennedale City Code is hereby amended to read as follows: (c) Oil and gas well drilling and production by special exception. The drilling and production of oil and gas within the corporate limits of the city shall be permitted by special exception, which shall be subject to the following: (1) The application for the special exception shall be in accordance with the provisions of sections 17 -422 and 17 -430 hereof. (2) No drilling, production, compressors, compressor station or gathering station shall be permitted within six hundred (600) feet of any habitable residential structure or public building, institution, park, school, or commercial building for which a building permit has been issued on the date of the of the application for a drilling permit is filed with the city, or NNW cultural, historic or archeological resources, or groundwater recharge areas; or 2 environmentally sensitive areas including floodplain or floodways; provided, however, that drilling shall be permitted as close as three hundred (300) feet if all affected property owners agree in writing. No drilling, production, compressor, compressor station, or gathering station shall be permitted within three hundred (300) feet of a neighboring property line unless all affected property owners agree in writing. If eighty (80) percent of affected property owners agree in writing to permit drilling as close as 300 feet, then the operator may apply to the Board of Adjustment for a variance from the requirement that all affected property owners must agree in writing. (3) A development site plan in accordance with the provisions set forth herein. (4) An approved road repair agreement in accordance with the provisions set forth herein. (5) An oil and gas permit application may shall be filed with the city concurrently with the request for a special exception; provided, however, that the city shall not be required to consider the oil and gas permit application unless and until a special exception is granted by the zoning board of adjustment. (6) A special exception for oil or gas drilling or production shall expire two years after it was granted, or the Board of Adjustment may establish a lesser expiration timeline. Before the expiration of the special exception, the operator(s) shall submit to the Board of Adjustment an application to extend the special exception. At that time, the Board may consider whether the drilling or production of oil or gas has been conducted in compliance with all relevant city, state, and federal regulations and guidelines. (7) The special exceptions required by this ordinance are in addition to and are not in lieu of any permit, exception, variance, or other requirements that may be required by any other provision of the city code or by any other governmental agency. SECTION 3. Section 17- 426(c -1) of the Kennedale City Code is hereby amended to read as follows: 3 (c -1) Gathering stations by special exception. (1) Within the city, the establishment and operation of a gathering station, whether in conjunction with a gas well or as an independent operation, shall only be permitted by special exception in accordance with sections 17 -422 and 17 -430 hereof. A special exception for a gatherinq station shall not be granted unless the Board of Adjustment is satisfied that the gathering station will not jeopardize the health, safety, or welfare of the city's residents and will not cause an undue burden on the City or its residents. (2) A site plan is required with the special exception application and must at a minimum, identify the location of the gathering station and all associated facilities, including all existing and planned pipelines, all driveway and vehicle parking areas and shall include the minimum detail required in subsection 17- 418(e)(3) hereof, where applicable. The special exception application shall also include copies of federal and state permits demonstrating compliance with all applicable pipeline integrity and safety standards, including adherence to applicable Environmental Protection Agency, U.S. Department of Transportation, and Texas Railroad Commission regulations governing risk management. (3) Gathering stations shall be subject to the following on -site operation requirements: a. No gathering station shall be permitted within six hundred (600) feet of any habitable residential structure or public building, institution, park, school, or commercial building for which a building permit has been issued on the date of the of the application for a drilling permit is filed with the inspector, or cultural, historic or archeological resources, or groundwater recharge areas, or environmentally sensitive areas, including floodplain and floodways; provided, however, that this minimum setback may be reduced to three hundred (300) feet if all affected property owners agree in writing. No gathering station shall be permitted closer than three hundred (300) feet to a neighboring property line unless all affected property owners agree in writing. If eighty (80) percent of affected property owners agree in writing to permit a gathering station as close as 300 feet, then the operator may apply to the Board of Adjustment for a variance from the requirement that all affected property owners must agree in writing. b. No gathering station shall be located within two hundred (200) feet of a railroad right - of -way. c. Construction of the gathering station shall comply with the erosion control regulations set forth in the city's stormwater pollution prevention plan. 4 d. A gathering station may only be allowed in a floodplain with the approval of the city's • ---- - • -- • • - - - - - - -- - -- - •- -- - - •- • -- . No gathering station shall be permitted in a floodplain or floodway. e. There shall be a locked entrance gate to the gathering station site. The entrance gate shall be fire accessible with a knox box rapid entry system. f. Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" in a minimum of four -inch lettering shall be posted at the entrance of each gathering station site. The sign shall include the phone number for emergency services (9 -1 -1), the name and phone number for the owner /operator in two three -inch lettering. In addition, if the special exception is approved, a case number shall be assigned to the approved operation and such number must be displayed on the sign in a minimum of two three -inch lettering. g. All facilities used for parking, loading, unloading, driveways and all other vehicular access, including private roads or driveways, shall be constructed and maintained in compliance with the City of Kennedale Public Works Design Manual constructed of -- - -, - e•- - . • - - -- e - - - •- and must meets all minimum fire code requirements, provided that the drive approach from the street be constructed of concrete. The surface for such facilities and drive approach must always be maintained in good condition and repair. h. The equipment and facilities at a gathering station site must be enclosed, individually or collectively, in accordance with the requirements of subsection 17- 426(o)(3 2), hereof. i. Compliance with the requirements set forth in subsection 17- 426(o)(€ 5) - -(9), as they relate to the gathering station site. (4) Gathering stations shall be subject to the operation and equipment practices and standards set forth in subsections 17- 426(p)(1) - -(4 5) and (7 8) and subsection 17- 426(s)(7) in the same manner as they apply to an operation site. (5) _ . • - " -_ -: :.• e _. . _ -. The city shall inspect each gathering station site established independently of an operation site for compliance with all applicable regulations of the state and city ordinances. An annual inspection fee as established in the city's fee ordinance shall be paid by the owner of the gathering station to the city. (6) Gathering station operations shall be performed in compliance with all applicable federal, state, and local law. All applicable construction permits shall be obtained prior to development of the site. 5 kid SECTION 4. Section 17- 426(d) of the Kennedale City Code is hereby amended by adding subsections (4), (5), and (6), which shall read as follows: (4) Oil and qas well permits shall automatically expire three hundred sixty five (365) days from the date of the issuance of the oil or gas well permit or as stipulated in the special exception, whichever occurs first. (5)The permits required by this ordinance are in addition to and are not in lieu of any permit, exception, variance, or other requirements that may be required by any other provision of the city code or by any other governmental agency. (6) No oil or qas well permit shall be issued for any well to be drilled within any of the streets or alleys of the city and /or streets or alleys shown by the comprehensive land use plan, and no street shall be blocked or encumbered or closed due to any exploration, drilling, or production activities unless prior consent is obtained from the city, and then only temporarily. SECTION 5. Section 17 -426 is hereby amended by adding a new section (d -1), which shall read as follows: (d -1) Oil and gas permit application. (1) Applications for oil and gas well permits shall include the following: (a) A copy of the plan(s) identifying and indicating the proposed methods of erosion control. Erosion control is required and shall comply with all local, state and federal requirements and must be approved by the director of development for the City of Kennedale. (b) A copy of the stormwater pollution prevention plan as may be required by the Environmental Protection Agency or the Texas Commission on Environmental Quality. A copy of the notice of intent shall be submitted to the City of Kennedale 6 Public Works Department and the Development Department, three (3) days prior to the commencement of any onsite activity. (c) A detailed description of the water source to be used during drilling and a copy of the determination by the Texas Commission on Environmental Quality (TCEQ) of the depth of useable quality ground water. (d) Road repair agreement as described in Sec. 17- 426(e) (e) The exact and correct acreage and number of wells. (f) A description of public utilities required during drilling and operation. (g) An accurate legal description of the lease property to be used for the oil or gas operation, the parcel and the production unit and name of the geologic formation as used by the railroad commission. Property recorded by plat should reference subdivision, block and lot numbers. (h) A copy of the approved railroad commission permit to drill, together with attachments and survey plats, which are applicable to the drill and operation- sites. (i) A hazardous materials inventory statement including MSDS sheets on all products being used broken down into drilling and post drilling documents. (1) A surface reclamation plan. Operators may submit an amended reclamation plan for review and approval by city staff after a gas well permit has been issued. (k) Truck routes and access points, including the proposed transportation route and road for equipment, chemicals or waste products used or produced by the oil or gas operation indicating commercial and non - commercial routes. (I) Surface owner names(s) and address(es) of the lease property of the drilling and production site. (m) A sound analysis and sound management plan. (n) A detailed site plan as described in Sec. 17- 426(f) (o) A wastewater management plan describing how wastewater will be disposed. Wastewater management reports must be submitted one month after the commencement of drilling or any activity that results in wastewater, and semi- annually thereafter until such time as activities at the site no longer result in wastewater. (2) Applications for oil and gas well permits shall be submitted in writing, on forms provided by the city. 7 (3) Applications for oil and qas well permits shall include a pipeline easement map indicating the location of the nearest gathering station and the alignment of the pipeline(s) connecting the operation site to the gatherinq station. (4) Applications for oil and gas well permits shall be signed by the operator. (5) Applications for oil and qas well permits shall include multiple complete copies of the operator's application and emergency action response plan, as stated in the permit for oil and gas drilling. (6) Oil and qas well permits shall automatically expire three hundred sixty five (365) days from the date of the issuance of the oil or qas well permit or as stipulated in the special exception, whichever occurs first. The burden of proof on all matters considered under permit applications and special exception applications shall be upon the applicant /Operator. SECTION 6. Section 17- 426(e) of the Kennedale City Code is hereby amended to read as follows: (e) Road repair agreement. A road repair agreement shall be filed with the director of development services public works department of the city. A road repair agreement must obligate the operator to repair damage to public streets, including, but not limited to, bridges, caused by the operator (or by the operator's employees, agents, contractors or representatives) in the performance of any activity authorized by or contemplated by the approved oil and gas well permit. A video documenting the existing conditions must be submitted prior to approval of the road repair agreement. The city manager shall have the authority to execute the road repair agreement. SECTION 7. Section 17- 426(f) of the Kennedale City Code is hereby amended to read as follows: 8 (f) Compliance with the development site plan. Development of site plan required. Any person who proposes extraction of oil or gas on a tract of land located within the corporate limits of the City of Kennedale shall prepare six (6) copies of an oil or gas well development site plan, drawn to scale, that shall be filed with the application for drilling or production. The site plan drawing shall be provided in D size and eight and one - half -inch x eleven -inch paper and shall be submitted as part of the applicant's request for a special exception. The following detail shall be included on all oil and gas development site plans: (1) The development site plan shall provide for adequate sanitation facilities, access roads, drainage, erosion control and other necessary supporting facilities identified on the development site plan. (2) The design, location, and arrangement of all driveways and parking spaces shall provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments. {3) Erosion control is required and shall comply with all local, state and federal the EPA. {'I) Reserve pits shall be lined to prevent water pollution. {5) With the cxccption of vehicular access, no development is allowed in a floodplain. -- ..e. - - - - -- _ -.- -- ' ' - - - - - -', an approved road repair agreement must be on file with the city: (3 7) Identify truck routes and access points. (4 8) Identify environmentally sensitive areas (ESA's) including floodplains and any proposed floodplain, creek and stream crossings. a. All floodplain, creek and stream crossings, if not at grade, shall be designed to a ten - year storm frequency. b. All floodplain crossings shall have no negative affects on surrounding property. c. A drainage study sufficient to substantiate the above requirements will be required as part of the submittal if crossings are proposed. 9 d. Identify and indicate the proposed method of erosion control. (5 g) Identify all wells, structures, equipment, pipelines, utilities, gates and fences, containment areas, fire lanes, and one thousand (1,000) feet, six hundred (600) feet, and three hundred (300) feet perimeter lanes within one thousand (1,000) of the well. (61-0) Indicate a physical address for each well site. SECTION 8. Section 17- 426(g) of the Kennedale City Code is hereby deleted, and Sections 17- 426(h) through 17 -426 (y) are re- numbered accordingly. SECTION 9. Section 17- 426(h) of the Kennedale City Code is hereby amended to read as follows: (g h) Review of applications for oil and gas well permit. (1) All applications for oil and gas well permits shall be filed with the director of development services public works who shall immediately forward a copy of all applications and plans to -the petroleum specialist and fire marshal department for review. Incomplete applications shall be returned to the applicant, in which case the city shall provide a written explanation of the deficiencies if requested by the applicant. All applications for an oil and gas permit shall be accompanied by a permit fee as listed in the city's fee schedule. - - - - - - - - - - - - - - , ■ .. ■ e , .. - • - - . - ,191.11 - - - - - - - The city may return any application as incomplete if there is a dispute pending before the railroad commission regarding the determination of the operator. (2) The petroleum specialict and development department and fire marshal department shall review each application within thirty (30) days after filing and shall determine whether %Do the application includes all of the information required by this section, whether the 10 application is in conformance with the applicable oil and gas well development site plan, the terms of the applicable special exception, the road repair agreement, the fire code and whether the application is in conformance with the insurance and security requirements set forth in this section. (3) The failure of the petroleum specialist, development department, or fire m- arsha{ department to review an oil and gas well permit application within the time limits specified above shall not require the city to approve an application that does not meet the minimum requirements set forth in this section. (4) No oil or gas well permit shall be issued unless all improvements required under Sec. 17 -426, including fencing and screening, landscaping, and parking, have been made and approved by the city. SECTION 10. Subsection 17- 426(i)(1)(c) of the Kennedale City Code, renumbered as Section 17- 426(h) (1)(c), is amended to read as follows: c. Specify the date the permit shall expire; SECTION 11. Section 17- 426(k) of the Kennedale City Code, renumbered as Section 17- 426(1), is hereby renamed as follows: (k 1) Security Instrument. SECTION 12. (n o) On -site operation requirements. (1) A secured entrance gate and a sign shall be required. The sign identifying the entrance to the drill site or operation site shall be reflective and shall indicate a physical address in compliance with the fire code, the name and /or number of each well, an emergency contact 11 phone number, the oil or gas well permit number, and shall indicate the nature of the operation, i.e. natural gas well. The fire marshal must approve the size and location of the sign prior to commencing operations. (2) Temporary six foot chain link or approved alternative fences shall be required to surround drill sites during initial drilling and completion, and shall be locked when no operations personnel are present. (2) (3) Permanent cedar fences with masonry columns spaced not lecc than sixteen (16) -- _ - _ - _ -- . e. -- _ _ _ _ _ __ _ _ _ - fencing is required for all drill sites and production or operation sites. Fencing shall be masonry and shall be a minimum of eight (8) feet in height and shall be higher than the enclosed equipment. Fencing and gates shall remain locked at all times when no one is present. For security purposes, all permanent fencing structures shall have a wrought iron gate to allow visibility into the entire well site. For the purposes of this section, masonry shall mean that form of solid construction composed of stone, brick, concrete, gypsum, hollow clay tile or other similar building units or materials or combination of these materials which must be laid up NNW unit by unit and set in mortar, or pre -cast panels designed and built to mimic the appearance of masonry. Fencing design and materials must be approved by the director of development services before installation. (3 12) All fences and gates shall be secured to prevent unauthorized public access to the site and /or equipment. This includes, but is not limited to the following: a. Securing any permitted temporary fencing to the ground; b. Installing a knox box rapid entry system or padlock, and providing the fire marshal with a master key to all padlocks and gate locks, or providing twenty- four -hour on -site security personnel with access keys. (4) A vehicular access gate for the drill site shall be located within seventy -five (75) feet of the public road connecting to the drill site. If there are multiple gates along the same access road, a knox box shall be required only for the gate closest to the entrance. 400 (5) Temporary compressor for each well shall be classified as temporary for six (6) months for noise and screening regulation purposes. Compressors shall be classified as permanent 12 thereafter and shall be required to meet noise and screening requirements for permanent compressors, as described under subsection (b) herein. a. Sound blankets shall be permitted for noise abatement on temporary compressors. b. No sound blankets shall be permitted for permanent compressors. All acoustical structures for permanent compressors must be constructed of permanent material and constructed of metal, masonry or other structurally sound material in compliance with the zoning district regulations and as approved by the director of development services, for compatible use. (6) All drive approaches and facilities used for parking, loading, unloading, driveways and all other vehicular access to each drill site, operation site, and gathering station or compressor station, including private roads and driveways, shall be constructed and maintained in compliance with the City of Kennedale Public Works Design Manual and must meet all minimum fire code requirements, or as stipulated as part of the special exception, provided that the drive approach from the public street be constructed of concrete. The surface for such facilities and drive approach must always be maintained in good condition and repair. (7) (4) No refining process, or any process for the extraction of products from gas, shall be carried on at a drill site or operation site, except that a dehydrator and separator may be maintained on a drill site or operation site for the separation of liquids from gas. Any such dehydrator or separator may serve more than one well. All production equipment on an operation site shall be painted and maintained at all times, including pumping units, storage tanks, buildings, and structures. (8){-5) Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" in a minimum of four -inch lettering shall be posted at the entrance of each drill site and operation site. The sign shall include the phone number for emergency services (9 -1 -1), the name and phone number for the operator, and the well designation required by the railroad commission in two three -inch lettering. (9)( ) No person shall place, deposit, or discharge or cause or permit to be placed, deposited, or discharged any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substance, 13 or any refuse, including wastewater or brine, from any oil or gas operation or the contents of any container used in connection with any oil or gas operation in, into, or upon any public right -of -way, storm drain, ditch or sewer, sanitary drain or sewer, any body of water, or any private property within the corporate limits of the city. (10)(7) All electric lines to production facilities shall be located underground in a manner compatible to those required to be installed in the surrounding areas or subdivision and shall comply with the city building code. (11)(8) All fire suppression and prevention equipment required by any applicable federal, state, or local law shall be provided by the operator, at the operator's cost, and maintenance and upkeep of such equipment shall be the responsibility of the operator. (12)(9) No operator shall excavate or construct any lines for the conveyance of fuel, water, gas or petroleum liquids on, under, or through the streets or alleys or other land of the city without an easement or right -of -way license from the city, at a price to be agreed upon, and then only in strict compliance with this section, with other ordinances of the city, and with the specifications established by the city. (13)(1 -9) The digging up, breaking, excavating, tunneling, undermining, breaking up, or damaging of any public street or leaving upon any public street any earth or other material or obstruction, is prohibited unless the operator has first obtained written permission from the city, and then only in compliance with specifications established by the city. plan, and no street shall be blocked or erg -. _ - _ _ _ - _ e. _ _ . - _ _ _ 'e temporarily. ii (13) All private roads and drives to the drilling and operation site must be constructed or 404 Bede 14 (14) Fracturing operations must comply with all regulations and standards established by the Environmental Protection Agency, the Railroad Commission of Texas, and any other appropriate local, state or federal agency. SECTION 13. Section 17- 426(p) of the Kennedale City Code, re- numbered as Section 17- 426(o), is hereby amended to read as follows: (o o) Operations and equipment practices and standards. (1) Adequate nuisance prevention measures shall be taken to prevent or control offensive odor, fumes, dust, noise and vibration. (2) No person shall permit any lights located on any drill or operation site to be directed in such a manner so that they shine directly on public roads, adjacent property or property in the general vicinity of the operation site. To the extent practicable and taking into account safety considerations, site lighting shall be directed downward and internally so as to avoid glare on public roads and adjacent dwellings and buildings within three hundred (300) feet. (3) The operator shall at all times comply with the rules and regulations of the railroad commission including, but not limited to all applicable field rules. (4) Internal combustion engines may be used in drilling and producing operations if they have mufflers that will reduce noise to comply with required noise levels set forth in this ordinance • e _ - •_ • - . - • e e - _ _ - at any point three hundred (300) feet from the boundary of the drill site or operation site and prevent the escape of noxious gases, fumes or ignited carbon or soot. (5) The noise level during fracing, drilling, production, or other operations shall reduce the noise to not more than not exceed seventy (70) decibels at any point three hundred (300) feet from the boundary of the drill site or operation site between 8:00 p.m. and 7:00 a.m. The noise level between 7:00 p.m. and 8:00 a.m. shall not exceed sixty (60) decibels at any point within three hundred (300) feet from the boundary of the drill site or operation site. 15 If noise levels at a distance of three hundred (300) feet exceed seventy (70) decibels, a sound reduction enclosure shall be required around a drilling rig and any internal combustion engines for compliance. Only electric motors shall be used for the purpose of pumping oil wells. Electric motors shall be used for compressors located at gas well sites. point within three hundred (300) feet from the boundary of the drill site or operation site. (6) (5) In parallel to gas gathering pipeline, a flow back line shall be installed to handle water and gas flow back following well fracture treatment. (7)(6) Vehicles, equipment, and machinery shall not be placed or located on a drill site or operation site or on any public street, alley, driveway, or other public right -of -way in such a way as to constitute a fire hazard or to unreasonably obstruct or interfere with fighting or controlling fires and shall not be placed or located in violation of any city ordinance. Adequate parking facilities shall be provided and constructed in compliance with the city's development codes. �.. (8)(7) Well servicing and fracinq operations shall be scheduled to occur between the hours of 8:00 a.m. and 7:00 p.m. only. (9)(8) Air, gas, or pneumatic drilling shall not be permitted. (10)(9) For vehicular safety reasons, the operator shall immediately notify the city of any substantial accumulations of dirt, dust, mud or other debris deposited on city thoroughfares by vehicles involved in the well drilling or servicing or pipeline installation process. If for safety reasons, the city elects to perform the removal, the cost of such removal shall be paid by the operator. (11)(40) The drilling rig and associated drilling equipment shall be removed from the well site within thirty (30) days of the completion of the well or drilling activities. SECTION 13. 16 Subsection 17- 426(s)(8) and (11) of the Kennedale City Code, re- numbered as Section 17- 426(r) (8) and (11), is hereby amended to read as follows, and Subsections (r)(15), (16), and (17) are hereby added: (r s) Additional safety and environmental requirements (8) All wells shall be abandoned in accordance with the rules of the railroad commission; however, all well casings shall be cut and removed to a depth of at least ten (10) feet below the surface. All wells and pipelines shall be abandoned in accordance with Section (v) of this ordinance. (11) An impervious lining of all pits shall be required. A closed loop mud system shall be required for all drilling and reworking operations for all gas wells. Drilling mud, cuttings, liquid hydrocarbons and all other field waste derived or resulting from or connected with the drilling, re- working or deepening of any well shall be discharged into a closed loop mud system. All disposals must be in accordance with the rules of the Railroad commission and any other appropriate local, state or federal agency. Wells permitted before approval of this ordinance [OR SPECIFY DATE] may use reserve pits. An impervious lining of all pits to prevent water pollution shall be required. (15) Flaring or burning of gas or petroleum of any kind after the well is in production is prohibited. Temporary flaring or burning to accommodate public safety may be performed but only when approved by the fire marshal. Appropriate public notice for planned and unplanned flaring events must be given to designated city staff. Operators shall notify the city forty -eight (48) hours before planned flaring begins and should provide an estimate of how long flaring is expected to last. Operators must notify the city within three (3) hours of discovery of a situation that calls for unplanned flaring to accommodate public safety. 16) Air Quality Monitoring. All gas wells drilled after the date this ordinance is adopted shall be required to be tested for air quality. Air sampling must be conducted at least once during each of the following times: prior to drilling; during drilling; at completion; ten (10) days after drilling is complete; and thirty (30) days after the well is operational. Air sampling must be conducted using the TO- 14a method, or the TO -15 method, as determined by city staff. Sampling must be done for at least a 24 -hour period at each testing phase. City staff may require different sampling methods, as adopted by the Texas Commission on Environmental Quality or the 17 Environmental Protection Agency, as new technology or information becomes available. City staff may also require operator(s) to test for Tentatively Identified Compounds. (17) Platting, Development or Redevelopment near existing oil or gas wells. a. Plat Statement When an existing oil or gas well is located on the subject property to be platted, all plats must contain a statement that no building, not necessary to the operation of an oil or gas well, shall be constructed within three hundred (300) feet from any existing oil or gas well. If, upon appeal to the Planning and Zoning Commission and the City Council, a variance for a lesser distance is approved, the statement shall reflect the distance granted by the Planning and Zoning Commission and the City Council. The plat statement note shall read as follows: BUILDING CONSTRUCTION DISTANCE LIMITATION TO AN OIL OR GAS WELL BORE Pursuant to the Kennedale City Code, no building(s) not necessary to the operation of an oil or gas well shall be constructed within 300 feet (or distance granted by Planning and Zoning Commission and City Council variance) from any existing oil or gas well bore. The distance shall be measured in a straight line from the well bore to the closest exterior point of the building, without regards to intervening structures or objects. b. Well Identification and Impact Statement When an existing or permitted oil or gas well is located on the property to be platted, all plats affected by this requirement must show and identify those lot(s) and /or adjoining un- platted tracts of land that are within three hundred (300) feet of an existing oil or gas well bore located on the property being platted or re- platted. They shall further contain a notation that said properties may be impacted by current or future operations associated with drilling, production, maintenance, re- working, testing, or fracture stimulation of the well. c. Affidavit When an existing oil or gas well is located on the subject property to be platted, an affidavit must be filed with Tarrant County for each Lot within a Plat affected by these regulations; the affidavit shall be signed by the property owner and filed in the deed records of Tarrant ItiOv County. Said affidavit shall include the following information: 18 1. The location of the bore hole of all existing oil and gas wells located on the subject property as shown on the plat filed in Cabinet , Slide in the Plat Records, Tarrant County, Texas. 2. All lot(s) and /or adjoining un- platted tracts of and that are located within 300 feet of the well, as measured in a straight line, from the well bore, to the closest exterior point of the building, without regard to intervening structures or objects. 3. That said lot(s) and /or adjoining un- platted tracts of land may be impacted by any one or more of the following: noise, vibration, lights, traffic, equipment, or other operations that may be due to current or future drilling, production, maintenance, re- working, testing, or fracture stimulation of the well. d. Platting or Subdivision near Existing Pipelines In all cases in which one or more residential lots in a proposed subdivision are crossed or come by or come within 100 feet of any existing oil or gas pipeline or pipeline easement, the subdivider shall, prior to and as a condition of city approval of the subdivision, execute the following waiver and hold harmless agreement, which shall be duly acknowledged in the manner provided by law, and which shall thereafter be recorded in the appropriate deed or other permanent county records: "(Subdivider Name), by and through its duly undersigned and authorized officer, does hereby state that it fully realizes that it is applying for a permit from the City of Kennedale to build within one hundred feet (100') of an existing oil or gas pipeline or pipeline easement, and that the City of Kennedale considers building near such pipeline or pipeline easement to have certain inherent dangers, including, but not limited to, explosion and release of noxious, toxic and flammable substances. For the aforementioned reasons, (Subdivider Name) does hereby RELEASE and agrees to forever HOLD HARMLESS the City of Kennedale, Texas, its officers, officials, employees, successors and assigns from all liability in any way arising from the building, use or habitation of structure described in the said permit." e. Notation on development plan and plat In all cases in which one or more residential lots in a proposed subdivision are crossed or come by or come within one hundred feet (100') of any existing oil or gas pipeline or pipeline easement, the subdivider shall provide a note on the face of the development plan and 19 record plat stating that the subdivision is crossed or is located within one hundred feet (100') of an existing oil or gas pipeline. SECTION 14. This ordinance shall be cumulative of all provisions of ordinances and the Code of the City of Kennedale, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such and Code, in which event the conflicting provisions of such ordinances and Code are hereby repealed. SECTION 15. 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 16. All rights and remedies of the City of Kennedale are expressly saved as to any and all violations of the provisions of Chapter 17 of the Kennedale City Code (1992), as amended, or any other ordinance or code provision affecting oil and gas exploration and development, zoning and land use 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 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 17. The City Secretary of the City of Kennedale is hereby directed to publish in the official newspaper of the City of Kennedale the caption, penalty clause, publication clause and effective date clause of this ordinance as provided by Section 3.10 the Charter of the City of Kennedale. 20 SECTION 18. 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. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY 21 41w Exhibit B Proposed amendments to the city's fee schedule and subdivision regulations Sec. 2 -3. ADMINISTRATIVE FEES. Gas well permit fees, assessed to recoup the administrative expenses incurred by the city in administrating such permit: assessed per application for one pad site: 1 well requested in an application for a pad site, $5,000 2nd well requested on the same application for the same pad site, $4,000 3 well requested on the same application for the same pad site, $3,000 Each additional well requested on the same application for the same pad site, $2,000 Annual inspection fee: $2,000 + $250 per additional well on the same pad site Additional wells requested after submission of the original application for a particular pad site shall be counted as a new application. Article V. Subdivision Regulations. Division 9. Technical Specifications for Plat Drawings. Sec. 17 -299. Requirements for all plat drawings. (19) Platting, Development or Redevelopment near existing oil or gas wells. All plat drawings shall adhere to the regulations under Sec. 17- 426(s)(17) of the Kennedale city code. StaffReport To the Honorable Mayor and City Council Date: June 4, 2010 Agenda Item No: XII -l. Subject: Review and consider action to authorize the City Manager to provide documentation to Wal -Mart in regards to non - surface oil, gas and mineral lease. Originated by: Bob Hart, City Manager Summary: Vantage Energy, LLC is in negotiations with Wal -Mart for an oil, gas and mineral lease covering its minerals underlying the store location off of Little Road near the intersection of 120 and Hwy 287. The mineral lease being negotiated with Wal -Mart is a non - surface use lease, meaning that Vantage will only be allowed to penetrate this tract through the subsurface and will conduct no surface activities at that location. The drill site that will likely be utilized to penetrate this tract is located approximately one mile to the northwest off of Bowman Springs Road. The drill site has been approved by the City of Arlington for oil and gas drilling operations. A horizontal well will be drilled from Bowman Springs location and will penetrate approximately 100 to 200 feet into the portion of Wal -Mart parking lot falling within the City at a depth of approximately 7500 feet subsurface. Wal -Mart has requested that a letter or other documentation from the City confirming that the penetration of the subsurface of the Wal -Mart tract that lies within the City will not violate any ordinances, regulations or other legal restrictions. Recommendation: Moved to authorize the City Manager to provide documentation to Wal- Mart in regards to non - surface oil, gas and mineral lease. StaffReport To the Honorable Mayor and City Council Date: June 4, 2010 Agenda Item No: XIII A. -C. 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. Now 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 551.087 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 Disposition by Council: Staff .ff ort p To the Honorable Mayor and City Council Date: June 4, 2010 Agenda Item No: XIV. 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, and Section 551.087 of the Texas Local Government Code. City Council will reconvene into open session, and take action necessary pursuant to executive session, if needed. Disposition by Council: