12.09.2010 CC PacketI
405 Municipal Drive, Kennedale, Texas 76060
www.cityofkennedale.com
AGENDA
KENNEDALE CITY COUNCIL
REGULAR MEETING — DECEMBER 9, 2010
COUNCIL CHAMBERS
WORK SESSION — 5:30 PM
REGULAR SESSION — 7:00 PM
I. CALL TO ORDER
II. ROLL CALL
III. WORK SESSION — 5:30 PM
A. Receive Branding and Imaging Task Force Report
B. Receive KKB Strategic Plan Report, including a request for future action on a curbside
recycling program
C. Receive Cultural Asset Inventory Report
D. Discuss and review any item on the agenda, if needed
*NOTE. Pursuant to Chapter 551 Texas Government Code the City Council reserves the Lk ht to ad'ourn into
Executive Session at any time durin the work session or there Mu session to discuss posted executive session
items or to seek le al advice Lrom the 00 Attorney on any item posted on the agenda.
IV. REGULAR SESSION — 7:00 PM
V. INVOCATION
VI. UNITED STATES 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."
Page 1 of 4
VIII. VISITOR/CITIZENS FORUM
At this time, any person with business before the Council not scheduled on the agenda may speak
to the Council. No formal action can be taken on these items at this meeting.
IX. REPORTS/ANNOUNCEMENTS
In addition to any specific matters listed below, the city council may receive a report about items
of community interest, including but not limited to recognition of individual officials, citizens or
departments, information regarding holiday schedules, upcoming or attended events, etc.
A. Mayor
1. Proclamation declaring the month of November "Pancreatic Cancer Awareness Month"
in the City of Kennedale
B. City Council
C. City Manager
X. 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 meeting minutes: Regular meeting dated November 11, 2010
B. Approval of Quarterly Investment Report.
XI. REGULAR ITEMS
C. Approval of Resolution 347, authorizing City Manager, City Secretary, Director of
Finance, and Police Department to Apply for Regular Texas License Plates used on Exempt
Vehicles.
D. Discuss and Consider appointment of members to the Comprehensive Land Use Plan
Update Task Force
E. Review and consider action to appoint/re- appoint members to the Kennedale TownCenter
Municipal District.
F. Review and consider action to remove magistrates.
XII. EXECUTIVE SESSION
A. The City Council will meet in closed session pursuant to Section 551.071 of the Texas
Government Code for consultation with the City Attorney pertaining to any matter in which
the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct
Page 2 of 4
may conflict with the Open Meetings Act, including discussion on any item posted on the
agenda.
1. Legal action against Larry Summers
2. Review alcohol related zoning and definitions
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:
13.29 Acres along Bowman Springs Road
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.
I . Establish a Chapter 380 Agreement with CMC Rebar for Gillman Road right -of -way
D. The City Council will meet in closed session pursuant to Section 551.072 of the Texas
Government Code to deliberate the condemnations of the following property:
Lot 1, Block 1, Williamsburg Square Addition, 612 Little School Road, owned by
Robert & Joann Bass
2. Lot 4a, Block 1, Williamsburg Square Addition, 619 N. Little School Road, owned
by Morteza & Reza Maleki Naghami
3. Lot 4, Block 1, Williamsburg Square Addition, North Little School Road, owned by
Nancy A. Bozeman
E. The City Council will meet in closed session pursuant to Section 551.074 of the Texas
Government Code to discuss filling the City Secretary position.
XIII. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT
TO EXECUTIVE ,SESSION, IF NEEDED.
A. Review and consider action to approve Resolution No. 341, authorizing the Legal Counsel
to proceed with condemnation of Lot 1, Block 1, Williamsburg Square Addition, for
widening of Little School Road.
B. Review and consider action to approve Resolution No. 342, authorizing the Legal Counsel
to proceed with condemnation of Lot 4a, Block 1, Williamsburg Square Addition, for
widening of Little School Road.
Page 3 of 4
C. Review and consider action to approve Resolution No. 343, authorizing the Legal Counsel
to proceed with condemnation of Lot 4, Block 1, Williamsburg Square Addition for
widening of Little School Road.
D. Review and consider approval of Resolution No. 348, approving an economic development
program and authorizing the city manager to execute a Chapter 380 Agreement with CMC
Rebar for Gillman Road right -of -way.
E. Review and provide direction to the Planning and Zoning Commission on alcohol related
zoning and definitions.
XIV. 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 Kelly
Cooper, Interim City Secretary, at 817.985.2106 or (TDD) 1.800.735.2989
CERTIFICATION
I certify that a copy of the December 9, 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, December 6, 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.
Kelly Coo Date Agenda Removed from Bulletin Board
Interim ytv ecretary
Page 4 of 4
Date: December 9, 2010
Agenda Item No: III A -D
Subject: Work Session
Originated by: Kelly Cooper, Interim City Secretary
Summary: Work Session
A. Receive Branding and Imaging Task Force Report
B. Receive KKB Strategic Plan Report, including a request for future action on a
curbside recycling program.
C. Receive Cultural Asset Inventory Report
D. Discuss and review any item on the agenda, if needed.
Recommendation:
Disposition by Council:
Date: December 9, 2010
Agenda Item No: III - C
Subject: Cultural Asset Inventory
Originated by: Rachel Roberts
Summary: This semester, I asked graduate students from UT- Arlington to develop a cultural asset
inventory for the city. The project's goal was to create a list of cultural resources or assets, as
identified by the people who live and work in Kennedale, and to develop ideas for how to use these
resources for the benefit of the whole community. The students will report the results of the project
during the council work session.
Recommendations: Staff recommends approval
Date: December 9, 2010
Agenda Item No: IX — A (1)
Subject: Proclamation declaring the month of November "Pancreatic Cancer Awareness
Month" in the City of Kennedale
Originated by: Celeste Brown
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J alb I � MINI J / , �� I I �� nlil iL (�� l �I
Declaring the month of November "Pancreat'ie t.;ancer Awareness N1a:rntha " in the 6(y ofKr nnedale,
WHEREAS in 2010, an estimated 43.140 people will he 44jpyiosud ) paatrz�wteatigc r„„ancer in the United Stoics
and 36,800 will die from the disease;
WHEREAS pancreatic cancer is one of the elw uadliest cancers and is the fourth leading cause of cancer death in
the United States;
6la7>lE EAS when symptoms of pancre #fi,a s•arnucr preseaf themselw°cs, it is clstml[y° t. +apt laalr° tram° an rrptitniowtic
prognosis, and 75 percent of pancreatic; cancer er °al:icnis die within thee first year of their diagnosis while 94
1
percent of pancreatic cancer patients die within thie trait five years;
WHEREAS incidence of pancreatic cancer is approxirately 50 finer °cant nigher in A.lrican Americans than ha
other ethnic groups;
WHEREAS approximately 2,200 deallis, ocxurreal 41 Vuxas;
WHEREAS there is no cure for pancreatic cancer and there have been rto sigpi i1cani improvements to wur
rates in the last 40 years;
WHEREAS the Federal Government invests sign iftawly less money in parrs;reatic cancet rtweraadi than, it minces in
any of the other leading cancer killers; and pancreatic cancer research ronstiltrtr.w, roan y 2 percent of 1he 'Na4tcraal
Cancer Institute's federal research funding, a figure Vat° too low g,iv ft severhy of the disease its nin. ilit;i
rate, and how little is known about how to arrest it, and
WHEREAS the Pancreatic Cancer Action Nemorl, is the firsr mid at�rrlb' national patieart advocacy ortntniz"atitrn
that serves the pancreatic cancer community in Kennedtiaie and imrationwide by focusing its cilorta im public
policy, research funding, patient services, and public aw'ar'eness and education related to developing; cfl "ective
treatments and a cure for pancreatic cancer;
Wl TIERI' *,w1 "S the Pancreatic Cancer Action Network, acid Its at iliatcrvs tta K ennedale support those patients, r wirr cntly
battling, pancreatic, cancer, as wvcll Es to tlaasse; who have imit their lives to the disease" and arr e°olmn lledl ley
norbina less than a cure;
.lf":l-1°af;li'EAS the good health and well ly2ing of the residents of Kennedale are rnhanceml aria er rhrret wesu;l of
4'u,rrase°rl awvare,rtm" about paucreatit, erarnecr and re.sooct into early detection, causes, and efFeutlwc LIV01mrr;nts
therefffe be ii
RESOLVElt that Me City Council clesignalerl the month of"November, 2010 as "Panereade Canc°et" An,aaren ess
Month "tit Kearnew'dale.
i �
i A l "esfi m afo lYher°eof l hrwQ hereunto set rai hand sand,
r °rara$ed the Seat ark the City, 7i'!Yas to he gfjira d
thh, 9 "' clay° rl (Deeember20)0
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sl-e o y r rtsryan L ankfiw st
rr
IN i"ITI, - 11 Of !Izr M�111 =I
Declaring the month of November "Pancreatic Cancer Awareness Month" in the * of { tnneedalf,,
WHEREAS in 2010, an estimated 43,140 people will be diagnosed with pancreatic cancer 41 the llniteil States
and 36,800 will die from the disease;
WHEREAS pancreatic cancer is one of the deadliest cancers and is the fourth leading cause of cancer death in
the United States;
WHEREAS when symptoms of pancreatic cancer present themselves, it is usually too iaatc for nn optimistic
prognosis, and 75 percent of pancreatic cancer patients die within the first year of their diagnosis whil*w 94
V percent of pancreatic cancer patients die within the first five years;
WHEREAS incidence of pancreatic cancer is approximately 50 percent higher in African Atmericans flaata; in
a;alher ethnic groups;
WHEREAS approximately 2,200 deaths occurred in Texas;
Wla!`IEREAS there is ao curr kv pailcreatic a;akttcvv sand 11wrc have laaeen no signifi,ra°nt improvernenis, iii )uYI
rates in the la xi 10 ,Vears;
iul ! J iw overnment invests signiFicarrfly less money in pancreatic cancer research ihan it dots ifl
any of the othea leading va.vicet kdl�i s; and pancreatic cancer research caansotutes oftly 2 percent oi' the National
l'arrcor [,ost tute's federal research lfimdling a figure far too lore given the severity of the disease, its naaaafaNity
mtc, uanil how little is knocks *out how to arrest it,. and �
" 11FRIAS the Pancreatic Cancer t4.ction. Netwocek is the first and only national paa:ient advocacy orgarnmaprtitan
that sec cs the panoratle i ;aition cemaw'mttrity in Kenne^d:la e and nationwide by rocusinp, iv Vffodts m public
lra,1acy research funding, patient srraress„ and pubIte: awai rwss and education related to developing vf'i'o^d +e
t:rcaitments arnai a cure, for pancreatic cancer;
ll`7191tf -AS the Pancreatic Cancer Action Network and it aaffihatcs in Kennodalc saafaprart rhost, patients currently'
hrrttling pancrctifac', vaneer as well as to those when have ]cast di it lives to [Na disaaise, awful a"; committed to
rw(Ahing less than a cure;
IT HL,RaPi;'4S the good health ind m,111 -being of the residents c,f° Kennedwafe are enhanced os,, a direct; acsbrlt of
iricr"caascd awareness aibout pancreatic cancer and re;scar la into early Jrtection, causes anal effective tre;tatmvnls�
thercrore. be it
R ESOL I)ED! desert the Qyy Council (lesignafed the r:rad rdh elf Novembe;w, 010 as 'Ameo °chic C`iincer Awareness
Month" in Kenned ale ^.
In frame faea°•ea No Aea wy° hariacl ar al
Caused file Seo) a.,J „ t ub <'°aty q/ J,c °daaaedale, i"mrs to he gffiT(I f
9' tfdd� 0 day gfDecprnber 2i” 10,
f
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Oaaf r
r
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f
Declaring the month of November "Pancreatic Cancer Awareness Month" in the city of Kennedale.
WHEREAS in 2010, an estimated 43,140 people will be diagnosed with pancreatic cancer in the United States
and 36,800 will die from the disease;
WHEREAS pancreatic cancer is one of the deadliest cancers and is the fourth leading cause of cancer death in
the United States;
WHEREAS when symptoms of pancreatic cancer present themselves, it is usually too late for an optindstic
prognosis, and 75 percent of pancreatic cancer patients die within the first year of their diagnosis while '94
percent of pancreatic cancer patients die within the first five years;
WHEREAS incidence of pancreatic cancer is approximately 50 percent higher in African Americans than in
other ethnic groups;
WHEREAS approximately 2,200 deaths occurred in Texas;
WHEREAS there is no cure for pancreatic cancer and there have been no significant improvements in survival
rates in the last 40 years;
WHFRf -4.V dw F Kderal Ouvernment invests signi:hcaraly less money in pancreatic cancer research than it does in
aiit' of ft other le5adiug r °incur k llersM mid pancreatic cancer research constitutes only 2 percent of the National
Concet ingltute "s, federal research fundhig, a Figure: liu iCOo low ,given the° severity ol" the disease, its mortality
rule, evaaai ho" little is fmo%r ri about how to ara^esl it. and
KIIER,h AS the l'tancrc.a :ic Cancer Aetkm Net wveirk is The fitsi sand only ttal lonai paticrat advoeacy organizatiun
that serves the pan reatic catacer cofnmar'+ ty iu Konnedale acne{ nationwide by focu�irrg its cltrarta; on paablic
policy rere;arch ftmding, patient services, att+al public awatvn ss and education iclatcd to- developing ctIvetive
treatirue is (mid n cure, for paacreaatic cancer
JVUERTAS the PaaatcreAtia_: Cancer Action Notm of is and its atMhates in Krntwdale suppiaO ,hose patients, cLinentl
battling pauw,realic catnccr, as, well as it) those who have last flicir lives to the disease, aaiid are wai fitted to
nothing less than a cure;
ltWI- IIZEAS the good hw�atlth and wfil -being wMF'the resiwicnl:s of Kennedale are enhanced as wa direct ra<!sult of
inK;grvase d tawvareness about pancreatic cana,°en and I't,a;eai ch iatto early detection, caauns, and effective ticatmenTs-;
tlaerObve hr� It
RESOL iFWD that they (Yi y t „'rrartetted designated the enoerth arrf )''Va rember, 2010 as "Par crea de t!; rear OT � 1parrerress
Yonth” lit Kennedale.
In Yes iraraarr [Vhvre ra f I have hopleFe aro jai urny hand and
ccaueed the Serd of the 00i arf Kenm! ehile, lever° tea be affixed
s j&r ,9A dray ref iaaeaaenaieva 20 10.
l Yor, , '*Yan frankfuiawt
KA�de
Declaring the month of November "Pancreatic Cancer Awareness Month" in the city of Kennedale
WHEREAS in 2010, an estimated 43,140 people will be diagnosed with pancreatic cancer in the United 'States
and 36,800 will die from the disease;
WHEREAS pancreatic cancer is one of the deadliest cancers and is the fourth leading cause of cancer tletrth in
the United States;
WHEREAS when symptoms of pancreatic cancer present themselves, it is usually too late for an oplimisfiv
prognosis, and 75 percent of pancreatic cancer patients die within the first year of their diagnosis while 94
percent of pancreatic cancer patients die within the first five years;
WHEREAS incidence of pancreatic cancer is approximately 50 percent higher in African Americans than in
other ethnic groups;
410'67REAS appruxinratEly 2,200 deaths occurred in Texas;
PYBEREAS there is nr) rJtrrer 16F pancrcatiwt cancer Od tb= leave been no significant improvements in survival
rate, in the last 40 years;
MWftaVEA,IFAS the Federal C ioverrarne Hit invests srgimilrcantlje le =ss mt in panctesttrc carick --i research than h dot ,-s lire
any of thc^ Matlret Ic:adin9 ovicia Mllers, and pancrcrttic cancer research constitutes only 2 percriii of thv N,ttio -ow
t:'ancer lustitule "s fedcnkl research furitlitig„ a figure lit too low given the severity of the disease, in,, rxrrprlydity
rye, and how little is known about how to arrest it, and
'HE "RL t'S the Panereade Q4 Action Nebvr rk is The first and - otilyr national patient adwwaey organization
tkot wrves llte pancreatic runny corrrmunity in Kennedale and nationwide by focusing: its efforts rin public;
polh srarrh funN,lut , patieni serevic"es, anal public tawarencss and education related to developing„ et ective
treatments and a cure for pancreatic cancer;
WHERL 4S the Pancreatic Cancer Action 'Network and ¢ s affiliates in Kennedale suppot those patteaAs currently
battling poticrealic cancer„ a wcli w, to those whore havv,, lost their lives to the disease, and are r:omrtvillted N +.'r
frothing Yen Lban, a. vure;
O"IfEREAoa lhe, good health and well -being of the residents w.f Kennedale are crthanced as a direct result of
increased awareoncs:r about pancreatic cancer and research into e,atly detection causes, a effeetiye trerretn'ientr;
tlher° ..fore be it
ft E:S OL VED that the C op Councif designafed the nwidir rv�`Noveinberm :0 0' as R`Parya°r'eatic Eancer Atvarelaeyv
Month " xn Kennedale.
In '9estuarmY. 'hir r`ecrj,` ,l have heretento set rotk^ hood arld
caused the Se -rat of.the Qily of 'Kennedale, texas to he affixed
t this 9` day ol'Decernber ?O10,
leoywar, B71uar t.utkhory
��irtml
�� w2r,
To he, wwt, t - j1J) ayor and City Counc
Date: December 9, 2010
Agenda Item No: X - A
Subject: Approval of regular meeting minutes dated November 11, 2010.
Originated by: Kelly Cooper, Interim City Secretary
Summary: Meeting minutes November 11, 2010 are attached for your review and consideration.
Recommendation: City Staff recommends approval of attached minutes dated November 11
2010
Disposition by Council:
3551
MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING — NOVEMBER 11, 2010
405 MUNICIPAL DR. — KENNEDALE MUNICIPAL BLDG.
COUNCIL CHAMBERS
I.
II.
III.
CALL TO ORDER
Mayor Lankhorst called the work session to order at 5:34 p.m.
ROLL CALL
Kelly Cooper, Interim City Secretary called roll with the following persons present/absent:
Council Present: Bryan Lankhorst
John Clark
Liz Carrington
Brian Johnson
Kelly Turner
Jerry Miller
Mayor
Mayor Pro -Tern, Place 1
Councilmember, Place 2
Councilmember, Place 3
Councilmember, Place 4
Councilmember, Place 5
Staff Present: Bob Hart
Wayne Olson
Rachel Roberts
Sakura Moten - Dedrick
Tommy Williams
Mike McMurray
Larry Ledbetter
Kelly Cooper
City Manager
Legal Counsel
Planner
Director of Finance
Chief of Police
Fire Chief
Director of Public Works
Human Resource Director
WORK SESSION
A. Discuss traffic speed limit guidelines and policies
Bob Hart, City Manager opened up a discussion regarding speed limits due to the
approaching completion of city road projects, as well as the cell phone issues in the
school zones. Mr. Hart suggested that major arterial speed limits should be between 40-
45 mph, minor arterials should be between 35 -40 mph, collector streets should be around
30 -35 mph, and residential streets should be 25 mph. Council members Clark and
Carrington suggested going more on the slower side for speed limits. Council member
Turner suggested the Police Chief look at the statistics in regards to traffic and speed
limits.
Mr. Hart informed Council that staff had received a petition to have the City put up a set
of flashing lights at Delaney and Arthur Elementary due to people texting and talking on
their cell phones and not paying attention, almost hitting the children. He then informed
council that one flashing light pole costs upwards of $8,000. Mr. Hart suggested speed
test which would take 2 -3 months to get in place. He then said he would provide council
with more information at the January /February 2011 meeting.
B. Discuss and review any item on the agenda, if needed.
3551
Council member Clark opened a discussion regarding the sale of alcohol and alcoholic
beverages. He questioned why the zoning was not more restricted for businesses that sale
alcohol. Wayne Olson, City Attorney informed council that the city can not discriminate
against a business that has a permit under the alcohollbeverage code. He then said that is
was up to council to determine the appropriate zoning use.
There being no further discussion, Mayor Lankhorst recessed the work session to enter
into executive session at 6:03 p.m.
Executive Session at an time "uteri or to seek le al ad ►..� , -. • •-
items viee rom the Ci A ttorne on an item osted on the agenda.
IV. REGULAR SESSION
Mayor Lankhorst called the regular session to order at 7:06 p.m.
V. INVOCATION
Ronnie Nowell, ex- Council member provided the Invocation.
VI. US PLEDGE OF ALLEGIANCE
VII. TEXAS PLEDGE OF ALLEGIANCE
"Honor the Texas Flag; 1 Pledge Allegiance to Thee, Texas, One State under God; One and
Indivisible."
Mayor Bryan Lankhorst led the recital of the US Pledge of Allegiance and the Texas Pledge of
Allegiance.
VIII. VISITOR/CITIZENS FORUM
Jim Bundy who lives at 1105 Gillman Road informed Council that local restaurants are set up to
where you have to go through the smoking session of the restaurants to get the food counter or to
get to the non - smoking section. He wanted to know if there was anything Council could or would
do about this problem. Mayor Lankhorst thanked him for his comments and bringing it to
Councils attention.
Pat Doescher, Chairman of Kennedale Chamber of Commerce informed council about upcoming
events that the Kennedale Chamber will host and extended an invitation to all council members.
IX. 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
3551
Mayor Lankhorst presented a Proclamation to the Kennedale High School Band and
Band Director Erol Oktay for placing placed 12 of all bands at the State Championships,
their best finish ever in the UIL State Marching Band Contest; and
On Saturday October 16 the Wildcat Band traveled to Glen Rose to compete in the UIL
Region 7 Marching Band Contest. The band received a "Straight Ones" First Division
Rating from the judges; and
With the First Division at Region, the Wildcat Band traveled to Hewitt for the UIL
AREA D Marching Band Contest on Saturday October 23 The band placed first of all
twenty -seven bands at the contest in prelims performance and second in finals
performance; and
The Kennedale Wildcat Marching Band competed in the Paluxy Valley Marching Band
Festival on Saturday October 9 t11 in Glen Rose. The Wildcat Band brought home the
trophies for Best Band in Class, Best Drumline in CIass, and Best Drum Majors in Class.
The band placed second overall against 20 other bands for the day.
Mayor Lankhorst also informed everyone that the City of Kennedale was recognized for
:management innovations and received the TML Municipal Excellence Award for a
population less than 25,000 people. Mr. Hart informed Council that this award was based
upon the ethical training done with staff which deals with ethical decision making, and
case studies.
Captain Andy Miller with Salvation Army was introduced by the mayor and challenged
the Mayor to a competition between the cities of Kennedale, Mansfield and Arlington, to
see who can raise the most money for the Salvation Army in their respective cities.
B. City Manager
Mr. Hart reminded Council about the Christmas Tree Lighting Ceremony to take place on
Tuesday November 30, 2010 beginning at 6:00 p.m.
X. 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 meeting minutes: Regular meeting dated October 14, 2010
B. Approval of Forth Worth Wholesale "Wastewater" Customer Advisory Committee
(WCAC) Members
Council member Miller made a motion to approve Consent Agenda Item Numbers XI -A
through XI -B. Council member Turner seconded the motion. Motion carried unanimously
(5 -0)
XI. REGULAR ITEMS
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C. Public Hearing; Review, and consider action on CASE # PZ 10 -11 to amend Chapter 17,
Article VII of the Kennedale city code by revising regulations governing sandwich board
signs.
Rachel Roberts, City Planner gave a briefing regarding the Sandwich Board Signs
Ordinance. She then asked Council for their help in clarifying the ordinance. Council
Member Turner motioned to approve changes to Ordinance No. 466 regarding the
Governing of Sandwich board signs and was seconded by Council member Carrington.
Motion carried unanimously (5 -0)
D. Public Hearing; Review, and consider action on CASE # PZ 10 -13 to amend the
Kennedale city code by amending Chapter 11 Licenses, Taxation and Miscellaneous
Business Regulations and Chapter 17 Article VI Zoning, by adding regulations governing
the sale of alcohol and alcoholic beverages.
Council member Clark made a motion to approve changes to Ordinance No. 467 regarding
the regulations governing the sale of alcohol and alcoholic beverages. Council member
Johnson seconded the motion. Motion carried unanimously (5 -0)
E. Public hearing, review, and consideration to receive comments and consider action to
amend the Kennedale city code by amending Chapter 16 Parks, Recreation and Cultural
Activities, Article III Parks and Playground Regulations, by adding regulations governing
the sale of alcohol and alcoholic beverages.
Council member Johnson made a motion to approve Ordinance No. 468 amending the
Kennedale City Code Chapter 16 Parks, Recreation and Cultural Activities, Article III
Parks and Playground Regulations, by adding regulations governing the sale of alcohol and
alcoholic beverages. Council member Carrington seconded the motion. Motion carried (3-
2) with council members Miller and Turner opposed
F. Review and consider action to approve Resolution No. 339, designating the official
newspaper, Fort Worth Star Telegram for the City of Kennedale.
Council member Clark made a motion to approve resolution No. 339 designating the
official city newspaper and was seconded by Council member Carrington. Motion carried
(3 -2) with Council members Johnson and Miller opposed
G. Authorize City Manager to execute a contract with Halff & Associates for the
comprehensive land use plan update, including a trails plan and Village Creek concept plan
Council member Carrington made a motion authorizing the City Manager to execute a
contract with Halff & Associates and was seconded by Council member Turner. Motion
passed unanimously. (5 -0)
H. Consider appointment of members to the Comprehensive Land Use Plan Update Task
Force.
Council member Johnson made a motion to table this item until the December 8th meeting
and was seconded by Council member Clark. Motion passed unanimously
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I. Review and consider action to approve Resolution No. 341, authorizing the Legal Counsel
to proceed with condemnation of Lot 1, Block 1, Williamsburg Square Addition, for
widening of Little School Road.
Council member Clark made a motion to table this item until the December 8 th meeting and
was seconded by Council member Johnson. Motion passed unanimously
J. Review and consider action to approve Resolution No. 342, authorizing the Legal Counsel
to proceed with condemnation of Lot 4a, Block 1, Williamsburg Square Addition, for
widening of Little School Road.
Council member Clark made a motion to table this item until the December 8 th meeting and
was seconded by Council member Johnson. Motion passed unanimously
K. Review and consider action to approve Resolution No. 343, authorizing the Legal Counsel
to proceed with condemnation of Lot 4, Block 1, Williamsburg Square Addition for
widening of Little School Road.
Council member Clark made a motion to table this item until the December 8 th meeting and
was seconded by Council member Johnson. Motion passed unanimously
L. Review and consider action to approve Resolution No. 344, authorizing the Legal Counsel
to proceed with condemnation of Lot 1A, Block 2, Woodlands Addition for widening of
Little School Road.
Council member Clark made a motion to approve Ordinance No. 344 and was seconded by
Council member Carrington. Motion passed unanimously (5 -0)
M. Review and consider action to approve Resolution No. 345, authorizing the Legal Counsel
to proceed with condemnation of Lot 1A, Block 1, Woodlands Addition for widening of
Little School Road.
Council member Clark made a motion to approve Ordinance No. 345 and was seconded by
Council member Carrington. Motion passed unanimously (5 -0)
N. Consider Resolution No. 346, authorizing the City Manager to accept the settlement on
behalf of the City of Kennedale.
Council member Clark made a motion to approve Ordinance No. 346 and was seconded by
Council member Turner. Motion passed unanimously (5 -0)
XII. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT
TO EXECUTIVE SESSION, IF NEEDED.
3551
XIII. ADJOURNMENT
There being no further business to consider, Mayor Lankhorst asked for a motion to adjourn the
meeting. Councilmember Johnson so moved and Councilmember Carrington seconded the
motion. Motion carried unanimously
APPROVED:
Mayor, Bryan Lankhorst
ATTEST:
Kelly Cooper, Interim City Secretary
D
Date: December 9, 2010
Agenda Item No: X - 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
along with the market value of all invested funds. Also reported is a compariso n
among the City's participating investment pools to the Treasury-bills that matured
quarter.
This report covers the following period(s): April 2010 -- June 2010
July 2010 — September 2010.
Recommended Motion: Staff recommends approval.
certain accounts,
of interest rates
during the same
Disposition by Council:
CITY OF KENNEDALE
QUARTERLY INVESTMENT REPORT
(2ND QUARTER AS OF JUNE 30, 2010 -- PRESENTED DECEMBER 9, 2010)
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
41.80% 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 Fund12007 Refunding
(0.00 %), $2.735M 2007A CO Bond Fund (0.01 %), $2.9M 2007 CO Bond (4.60 %), $4.5M 2008 CO
Bond Fund (35.10 %) and $2.OM 2010 CO Bond Fund (18.40 %). As of the report period indicated
above, 58.10% of the City's investments are in investment pools, while 2.30% are in reverse
repurchase agreements in the form of a sweep account. The remaining 39.60% are invested in three
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.
......_
ISt rt'er'
2nd Quarte
3rd Qua
4th Quarter
Beg Boo Value (All)
12,336,384.80
12,991,420.83
15,266,442.89
13,224,927.38
Qtr Deposits
12,300,220.14
14,978,092.19
6,909,109.76
9,829,488.45
Qtr Withdrawals
(11,650,457.28 )
(17,062,427.87)
(5,628,252.76 )
(10,725,162.29
Interest Earned
5,273.17
5,920.17
11,671.59
7131.26
End Book Value (All)
12,991,420.83
10,912,705.32
13,224,827.38
12,336,384.80
Market Value
Of Investments
12,991,420.83
10,912,705.32
13,224,827.38
12,336,384.80
201
Ist ua e '
........
et Quarter
.......
� r° Qua rter
...... ......
4th e •e
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
Of Investments
15,878,196.11
16,266,442.89
13,224,827.38
12,336,384.80
PORTFOLIO OF TERM INVESTMENTS
The City does not currently own any fixed term maturities.
PORTFOLIO OF AGENCY INVESTMENTS
The City does not currently own any agency securities.
INVESTMENT STRATEGIES
The City's main objectives in managing the portfolio are as follows: (1) to diversify and to ensure safety
of the principal, (2) to maintain sufficient liquidity to meet all operating requirements, (3) to make all
investments with prudent judgment and care, and (4) to attain a rate of return commensurate with the
City's investment risk constraints. The City does not purchase high -risk investments such as
derivatives. The following table indicates investment rates for the three -month period ending as of the
report period indicated above.
QUARTERLY RATE COMPARISON
0.2500 %a
0.2000%
0.1500%
0.1000 %
0.0500%
0.0000%
- °° TEXPOOL ._.; --- TEXSTAR TEXASTERM T- BILLS
The average 13 week T -Bill Rate that matures during this quarter was less than the rates currently
being offered by the investment pools. Most funds were invested in the investment pool in order to
achieve the greatest liquidity while earning a competitive yield.
NEW REPORTING REQUIREMENTS
This report is in compliance with the investment strategies as approved and the Public Fund
Investment Act.
Sakura Moten- Dedrick, Director of Finance
Bob Hart, City Manager
Apr -10 May -10 Jun -10
TE POOL
'E STAR
______ .................
TE; STER I
.........
T -31LLS
.MONTO
April-1 0
0.1662%
0.1721%
0.1932%
0.0702%
May-1 0
0.1935%
0.1838%
0.1913%
0..1025%
June -10
0.2078%
0.1860%
02127%
0.1508%
Average Rates
0.1892%
0.1806%
0.1991%
0.1078%
This Time Last Year
0.4342%
0.4432%
0.5613%
0.2967%
QUARTERLY RATE COMPARISON
0.2500 %a
0.2000%
0.1500%
0.1000 %
0.0500%
0.0000%
- °° TEXPOOL ._.; --- TEXSTAR TEXASTERM T- BILLS
The average 13 week T -Bill Rate that matures during this quarter was less than the rates currently
being offered by the investment pools. Most funds were invested in the investment pool in order to
achieve the greatest liquidity while earning a competitive yield.
NEW REPORTING REQUIREMENTS
This report is in compliance with the investment strategies as approved and the Public Fund
Investment Act.
Sakura Moten- Dedrick, Director of Finance
Bob Hart, City Manager
Apr -10 May -10 Jun -10
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CITY OF KENNEDALE
QUARTERLY INVESTMENT REPORT
(3RD QUARTER AS OF SEPTEMBER 30, 2010 — PRESENTED DECEMBER 9, 2010)
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
47.40% 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 (7.60 %), $2.9M 2007 CO Bond (0.07 %), 2008 CO Bond Fund
(26.20 %) and $2-OM 2010 CO Bond Fund (18.00 %). As of the report period indicated above, 70.40%
of the City's investments are in investment pools, while 3.10% are in reverse repurchase agreements in
the form of a sweep account. The remaining 26.50% are invested in 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.
................
'21010
........ .....
Is f Qjarfer
2nd Qua tler
3rd'Q ijarter
4th Quarte,r
Beg Book Value (All)
12,336,384.80
12,991,420.83
10,912,705.32
13,224,927.38
Qtr Deposits
12,300,220.14
14,978,092.19
11,910,486.50
9,829,488.45
Qtr Withdrawals
(11,650,457.28)
(17,062,427.87 )
(14,545,644.74)
10,725,162.29)
Interest Earned
5,273.17
5,920.17
5,915.01
7131.26
End Book Value (All)
12,991,420.83
10,912,705.32
8,283,462.09
12,336,384.80
Market Value
Of Investments
12,991,420.83
10,912,705.32
8,283,462.09
12,336,384.80
w.. ....
' 2 0 0 9 ...
, f uarfe ,
2nd aster
..
._� ....... ...
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
Of Investments
15,878,196.11
16,266,442.89
13,224,827.38
12,336,384.80
PORTFOLIO OF TERM INVESTMENTS
The City does not currently own any fixed term maturities.
PORTFOLIO OF AGENCY INVESTMENTS
The City does not currently own any agency securities.
INVESTMENT STRATEGIES
The City's main objectives in managing the portfolio are as follows: (1) to diversify and to ensure safety
of the principal, (2) to maintain sufficient liquidity to meet all operating requirements, (3) to make all
investments with prudent judgment and care, and (4) to attain a rate of return commensurate with the
City's investment risk constraints. The City does not purchase high -risk investments such as
derivatives. The following table indicates investment rates for the three -month period ending as of the
report period indicated above.
....�
� IT �
-
L TEXPQ0L
- - - - --
TE STAR,
TE STER I
T
_... ..
July-10
0.2259%
.,
0.1992%
0.2312 %a
0.1562%
August-10
0.2279%
0.2153%
0.2358%
0.1633%
September-10
0.2165%
0.2113%
0.2104%
0.1278%
Average Rates
0.2234%
0.2086%
0.2258%
0.1491%
This Time Last Year
0.3457%
0.2983%
0.4092%
0.1791%
QUARTERLY SATE COMPARISON
0.2500%
, TEXP00L ° * TEXSTAR TEXASTERIM 11 T -SILLS
The average 13 week T -Bill Rate that matures during this quarter was less than the rates currently
being offered by the investment pools. Most funds were invested in the investment pool in order to
achieve the greatest liquidity while earning a competitive yield.
NEW REPORTING REQUIREMENTS
This report is in compliance with the investment strategies as approved and the Public Fund
Investment Act.
Sakura Moten- Dedrick, Director of Finance
Bob Hart, City Manager
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1
Date: December 9, 2010
Agenda Item No: XI - C
Subject: Approval of Resolution No. 347 to authorizing City Manager, City Secretary, Director of
Finance and Police Department to Apply for Regular License Plates on Exempt Vehicles
Originated by: Sakura Moten- Dedrick
Summary: The purpose of this resolution is to allow for specific positions /departments to apply for
regular Texas license plates on exempt vehicles, to include unmarked City law enforcement vehicles.
Per state law, all City vehicles must display "exempt" license plates, unless the governing body of the
municipality authorizes application for regular license plates. Approval of this resolution will allow for
unmarked police and fire marshal vehicles to operate with regular Texas license plates, as well any
other applicable vehicles.
The City's general liability and insurance program, as well as tracking of all motor vehicles previously
fell under the City Secretary's office. Furthermore, only the City Secretary position and Police
Department is currently authorized to apply for such plates. Approval of this resolution will expand
this ability and allow for more flexibility and backup coverage.
Recommended Motion: Staff recommends approval.
Disposition by Council:
RESOLUTION NO. 347
RESOLUTION AUTHORIZING CITY MANAGER, CITY SECRETARY,
DIRECTOR OF FINANCE AND POLICE DEPARTMENT TO APPLY
FOR REGULAR LICENSE PLATES ON EXEMPT VEHICLES
WHEREAS, the City of Kennedale needs and qualifies for Regular License Exempt Plates
under the law of the State of Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE,TEXAS:
The City Council of the City of Kennedale authorizes the following positions /departments to sign
all papers necessary for obtaining Regular License Plates on exempt vehicles:
City Manager
City Secretary
Director of Finance
Police Department
PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale, Texas,
this the 9Eh day of December, 2010.
APPROVED:
Bryan Lankhorst, Mayor
ATTEST:
Kelly Cooper, Interim City Secretary
OFFICIAL SEAL
r N
Date: December 9, 2010
Agenda Item No: XI -D
Subject: Consider appointment of members to the Comprehensive Land Use Plan Update Task
Force
Originated by: Bob Hart
Summary: An optimum number of task force members for Kennedale are approximately 15 to 20.
An article was included in the most recent newsletter requesting volunteers to serve. We received
interest from the following persons:
• Cheryl Abbott
• Dave McMillan
• Don Harrelson
• Frederick White
During your previous work session, it was suggested you make appointments from the following
boards or interest groups:
• Planning and Zoning Commission
• Parks and Recreation Board
• Board of Adjustment
• Economic Development Corporation
• Youth Advisory Council
• Business community /chamber of commerce
Finally, you may wish to discuss council representatives and the chair or co -chair of the task force.
Date: December 9, 2010
Agenda Item No: XI - E
Subject: Review and consider action to appoint/re-appoint members to the Kennedale
TownCenter Municipal District.
Originated by: Kelly Cooper, Interim City Secretary
Summary: In accordance to Section 3866.021. of KMD, the initial Directors: John Clark, Jerry
Miller, Robert Mundy, terms expire on January 1, 2011. A new appointment is required to maintain
a slate of directors. Robert Mundy has offered to continue to serve at the request of Council.
Recommendation:
Disposition by Council:
Date: December 9, 2010
Agenda Item No: XI - F
Subject: Review and consider action to remove magistrates.
Originated by: Sakura Moten - Dedrick
Summary: The Magistrate Program was introduced to the City of Kennedale in 2005 after
special legislation was written during the 79 legislature to allow civilian volunteers to act as city
magistrates under section 15.17 of the Code of Criminal Procedure.
"Art. 15.17. DUTIES OF ARRESTING OFFICER AND MAGISTRATE.
(a) In each case enumerated in this Code, the person making the arrest or the person having
custody of the person arrested shall without unnecessary delay, but not later than 48
hours after the person is arrested, take the person arrested or have him taken before
some magistrate of the county where the accused was arrested or, to provide more
expeditiously to the person arrested the warnings described by this article, before a
magistrate in any other county of this state. The arrested person may be taken before the
magistrate in person or the image of the arrested person may be presented to the
magistrate by means of an electronic broadcast system. The magistrate shall inform in
clear language the person arrested, either in person or through the electronic broadcast
system, of the accusation against him and of any affidavit filed therewith, of his right to
retain counsel, of his right to remain silent, of his right to have an attorney present during
any interview with peace officers or attorneys representing the state, of his right to
terminate the interview at any time, and of his right to have an examining trial. The
magistrate shall also inform the person arrested of the person's right to request the
appointment of counsel if the person cannot afford counsel. The magistrate shall inform
the person arrested of the procedures for requesting appointment of counsel .l. ..."
While the program aided in saving costs for daily judge services, staff found magistrates lacked
essential knowledge of court procedures and processes even though they had attended
required training held through the Texas Municipal Courts Education Center (TMCEC).
Therefore, on September 9, 2010 Council approved the appointment of two additional
magistrates, Sakura Moten - Dedrick, Director of Finance & IT and Jennifer Bozorgnia, Court
Administrator.
Because the two new appointments serve daily in court functions, they are much more versed in
standard court proceedings. In addition to their already acquired knowledge, they will be
attending the mandatory "New Judges Seminar" scheduled for December 6 -10, 2010. They
have also reached out to other municipalities for mentorship and training to include the Denton
municipal and county jail with Judge Robin Ramsey.
By reducing the amount of magistrates to three, the City will more accurately and efficiently
process those who are arrested within our city, as well as save the cost to send three additional
magistrates to required annual training.
Recommended Lotion: Staff recommends that Council UN- appoint three of the current six
magistrates, effective January 1, 2011 to include:
• Rob Morris
• Ron McKuin
• Diane Wilson
Staff further recommends that Council allow two current magistrates to serve as primary and
secondary with a third magistrate to serve as an alternate in the event the primary and
secondary magistrates are unavailable.
Jennifer Bozorgnia (Primary)
Sakura Moten- Dedrick (Secondary)
Ray Cowan (Alternate)
Disposition by Council;
Date: December 9, 2010
Agenda Item No. XII. A -E
Subject: Executive Session
Originated key: Kelly Cooper, Interim 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.
1. Legal action against Larry Summers with Affordable Monuments (backup
material attached)
2. Review alcohol related zoning definitions
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:
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. Establish a Chapter 380 Agreement with CIVIC Rebar for Gillman Road right -of -way
D. The City Council will meet in closed session pursuant to Section 551.072 of the Texas
Government Code to deliberate the condemnations of the following property:
1. Lot 1, Block 1, Williamsburg Square Addition, 612 Little School Road, owned by
Robert & Joann Bass
2. Lot 4a, Block 1, Williamsburg Square Addition, 619 N. Little School Road, owned by
Morteza & Reza Maleki Naghami
3. Lot 4, Block 1, Williamsburg Square Addition, North Little School Road, owned by
Nancy A. Bozeman
E. The City Council will meet in closed session pursuant to Section 551.074 of the Texas
Government Code to discuss filling the City Secretary position.
Disposition by Council:
Invoice Date �
.. -- tpvoiceNumber.
P.O. No.
Amount Paid
Description
10/02/08
1001
6780.00
100 PLAQUES & MONUMENT BORDE
Date 10/10/08
Amount
* * ** *6,780 Dollars and
Pay to the order of
AFFORDABLE MONUMENTS
203 E. KENNEDALE PKWY
KENNEDALE TX 76060
Vendor No. Date Page
2006 10/10/08
Wells Fargo Bank, N.A.
www.wellsfargo.com
37- 6511119
NO Cents
1
C 0
Number 076773
Amount
* ** *6,780.00
Affordable Monuments & Caskets
203 E. Kennedale Parkway
Kenneda6e, TX 76060
Office 617 - 330.3210
Fax 817 -330 °3211
r �
Date: October 2, 2008
INVOICE # 1001
TO
Kennedale City
405 Municipal Dr.
Kennedale, TX, 76060
817-478 -5478
Customer I D : kencity
Sa lesperso n Job Paym Terms Du Dat
- -.. _..._ - -- — --- .............._._._ - - -- - -- ..._._..... - -- - - - --
Larry Summers Veterans Memorial
Qty Description Unit Price L ine Tot al
200 1 6 "x 12 "x a /4" Polished, Absolute Black Granite (25'6" monument) 55.00 17,000.130
Veterans Plaques, Beveled Edges - material cost only
5 4" x 66" x 14" Polished Absolute Black Granite Border (25'6" monument) 175.00
_ ..... - - -._ ......_�
8
Beveled Edges - material cost only
_ .... — - - -- -- - — - -- ......
3 4" x 54" x 3 /4 ' Polished Absolute Black Granite Border (12'6" monument) 185.00
405.00
Beveled Edges- material cost only
100 6 "x 12 "x %4" Polished, Absolute Black Granite (12'6" monument 55.00
(,500.00)
Veterans Plaques, Beveled Edges -material cost only
......... _. . _ -
........ -- ._ ...... _
To be ordered upon request- bid price expires December 31, 2008
......... .,
Subtotal
17,780.!30
Scales Tax
Tax Exempt
Total
** *NOTE: For each monument, all plaques must be ordered at one time to ensure best possible color match.
"NOTE: All engraving will be invoiced at $25.00 per plaque as they are ordered. From the date we receive the
confirmed order, plaques will be installed within 14 days.
Quotation prepared by: Larry Summers
This is a quotation on the goods named, subject to the conditions noted below: (Describe any conditions pertaining to these prices
and any additional terms of the agreement. You may want to include contingencies that will affect the quotation.)
To accept this quotation, sign here and return: _
Thank you for your business!
. . ..... . . ........... ........... ...
tuvolet Date Invoice aNumbev% F 0- Nn,
04/05/10 1119 2350.00 BRONZE PLAQUE BILL ABBOTT
Please Detach Here and Retain
Top Portion For Your Records City of Kennedale, TX Check No. Vendor Teo. Date Page
081203 2006 04/09/10 1
Check
Number
081203
City of Hannedale
Wells Fargo Bank, N.A.
405 Municipal Dr. www.welisfargo.com
Kennedale, Texas 76060-2249
A2 9 VjVED4ZE 37-6511119
FiArAArceDFPARrm,FNr
-- ZH" 0 U n
Date 04/09/10 ****2,350.00
Amount
*****2,350 Dollars and NO Cents
Pay to the order of
AFFORDABLE MONUMENTS
203 E. KENNEDALE PKWY
KENNEDALE TX 76060
ail Fwd
Affordable Konuments & Caskets
203 E. Kennedale Parkway
Kennedale, TX 76060
(817)330 -3210
affordablemonutncnts@a cbarter.nct
3ILL FO
City of Kennedale
405 Municipal Dr.
Kennedale, TX 76060 USA
Invoice
_ ................
DATE:
.. .
I NVOICE
04105/2010
1119
_.
TERMS
. .....
DUE DATE
Due on receipt
04/05/2010
.f4 U NIT DU f ENCL ,
$2,350.00
e Nast detach top portion oad return with your payment.
Invoice Date
Invoice Number.
P.O. No.
Amount Paid
Description
10/14/08
1002
726.00
GRANITE FOR MEMORIAL PLAQUES
Please Detach Here and Retain
Top Portion For Your Rccords City of Kennedale, TX Check No. Vendor No. Date Page
076831 2006 10/17/08 1
Affordable Monuments lk Caskets
203 E. kennedale Parkway
Kennedale, TX 76060
Office 817 -330-3210
Fax 817- 330 - 3211
Involce
Date: October 14, 2006
INVOICE 4 1002
Change r er ] To
Salesperson .lob Payment Terms
Larry Summers :` Veterans Memorial
Kenneslssle city
405 Municipal Dr.
Kennedale, TX, 76060
817- 476 -5418
Customer ID : kencity
Due Date
Note: For each monument, all plaques must be ordered at one time to ensure best possible color match.
'Note: All engraving will be Invoiced at $25.00 per plaque as they are ordered. From the mate we receive the
confirmed order, plaques will be installed within 14 days.
Quotation prepared by: Larry Summers
This is a quotation on the moods named, subject to the conditions noted Wow: (Describe any conditions pertaining to these prices
and any additional terms of the agreement. You may want to include contingencies that will affect the quotation.)
To accept this quotation, sign here and return:
Thank you for your business!
n
Date: December 9, 2010
Agenda Item No: XIII -A
Subject: Review and consider action to approve Resolution No. 341, authorizing the Legal Counsel
to proceed with condemnation of Lot 1, Block 1, Williamsburg Square Addition, for widening of Little
School Road.
Originated by: Bob Hart
Recommendations: Staff recommends approval of the attached resolution
RESOLUTION NO. 341
A RESOLUTION OF THE CITY OF KENNEDALE, TEXAS
AUTHORIZING LEGAL COUNSEL TO PROCEED WITH
CONDEMNATION OF LOTS 1, BLOCK 1, WILLIAMSBURG SQUARE
ADDITION, AN ADDITION TO THE CITY OF KENNEDALE, TARRANT
COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN
VOLUME 388 -170, PAGE 81, PLAT RECORDS, TARRANT COUNTY,
TEXAS; SAID AREA IS .DESCRIBED TO NANCY A. BOZEMAN,
D.V.M., ACCORDING TO THE DEED RECORDED IN VOLUME 15098,
PAGE 376, DEED RECORDS, TARRANT COUNTY, TEXAS, FOR A
PUBLIC ROADWAY AND /OR OTHER PURPOSES PERMITTED BY
LAW
WHEREAS, the City of Kennedale ("the City) desires to acquire fee simple title
to the property described below in order to construct certain municipal improvements,
specifically a public roadway and/or other public purposes permitted by law, in order to
serve existing and future developments in the City and the citizens of the City, and
WHEREAS, the City made an initial offer to the property owner to purchase the
said property; and
WHEREAS, the City has provided to the property owner a copy of the Land
Owner's Bill of Rights, as required by law; and
WHEREAS, the City and the owner of the said property have been unable to
reach an agreement on the acquisition of this property; and
WHEREAS, the City Council now deems it necessary to authorize the City
Attorney to initiate condemnation proceedings in order to acquire fee simple title to such
property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1.
The City Council of the City of Kennedale, Texas, hereby finds and determines
that the recitals made in the preamble to this Resolution are true and correct, and
incorporates such recitals herein.
SECTION 2.
The City Council of the City of Kennedale, Texas, hereby finds and determines
that a public necessity exists for the City of Kennedale, Texas to acquire approximately
0.035 acre tract of land in fee and approximately 0.015 acre tract of land in a utility
W_ 1Kenuedal t\ LittIrSchoo]\Bozemau\ResoIulion No 341 Condemnation -Bozeman Properly Nov 2010 K .doc Page I
easement as described and depicted on the attached Exhibits "A" through "D" for a
public roadway and/or other public purposes permitted by law.
SECTION 3.
The City Manager and City Attorney are authorized to comply with the statutes of
the State of Texas with reference to the necessary legal prerequisites existing or
relating to the exercise of eminent domain to appropriate said property for the purpose
of a public roadway and /or other public purposes permitted by law. '
SECTION 4.
The owner claiming an interest in said property is Nancy A. Bozeman, D.V.M.
whose mailing address is 621 Little School Road, Kennedale, Texas 76060.
SECTION 5.
The City Council finds that such acquisition in this condemnation action is
necessary in order to serve the public health, safety and welfare,
PASSED, APPROVED and EFFECTIVE this day of , 2010.
Mayor, Bryan Lankhorst
Kelly Cooper, Acting City Secretary
W:1 Kennedale \UttleSchoollBozen=\ResoluCion No 341 Co - Bozeman Property Nov 2010 K .dao Page 2
EXHIRTr "A"
RIGHT -OT --WAY
Being a 0.035 of an acre tract of land and being a portion of Lot 1, Block 1,
Williamsburg Square Addition, an addition to the City of Kennedale, Tarrant County,
Texas, shown by plat recorded in Volume 388 -170, Page 81, Plat Records of Tarrant
County, Texas, described to Nancy A. Bozeman, D.V.M. by deed recorded in Volume
15098, Page 376, Deed Records of Tarrant County, Texas, and being more
particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found at the southeast corner of said Lot 1, same
being the most easterly northeast corner of Lot 4, of said Block 1, on the west tight-of-
way line of Little School Road, also known as County Road No. 2013 (a variable width
right -of -way);
THENCE South 89 °40'28" West, with the common line of said Lot 1 and said Lot 4. a
distance of 10.08 feet to a 5/8 inch capped iron rod stamped "TNP' not for the westerly
proposed right -of -way line of Little School Road;
THENCE North 00 °21'15" West, with the proposed westerly right- of-way fine of Little
School Road, a distance of 103.20 feet to a 5/8 inch capped iron rod stamped "TNP"
set for the westerly proposed right -of -way line of Little School Road;
THENCE South 89 0 24'37" West, continuing with said proposed right -of -way line, a
distance of 6.50 feet to a 5/8 inch capped iron rod stamped "TNP" set for comer;
THENCE North 00 15" West, continuing with said proposed right -of -way line, a
distance of 32.72 feet to a 518 inch capped iron rod stamped "TNP" set for the westerly
proposed right -of -way line of Little School Road, being on the north line of said Lot 1,
same being the south line of Lot 1A, Block 2, The Woodlands, an addition to the City of
Kennedale, Tarrant County, Texas, shown by plat recorded in Volume 388 -163, Page
24, in said Plat Records;
THENCE North 89 °40'28" East, along said common line, a distance of 15.51 feet to the
northeast corner of said Lot 1, same being the southeast comer of said Lot 1A and
being in the existing west right -of -way line of said Little School Road;
THENCE South 00 °48'23" East, with said west right -of -way line, a distance of 135.89
feet to the POINT OF BEGINNING and containing 0.035 of an acre of land, more or
less.
PRELIMINARY —THIS DOCUMENT
SHALL NOT BE RECORDED FOR
ANY PURPOSE
DATE: October 18, 2010
Stephen H. Roberson, R.P.L.S.
Texas Registration No. 4090
Notes:
1. Hearings and coordinates shown hereon are based upon
the Texas State Plane Coardinate System (NAD83; CORS96)
Epoch 2092.00 Texas North Central Zone.
2. integral parts of this survey:
A. Legal Descriptions
B. Sketch
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TEOIGVE AMU AND PERKINS
Civil Engineering' Surveying I Landscape Architecture IPlanning
/NC 1100 Macon Street, Fort Worth, TX 76102
/R17) 3 - 4R -5773 SHEET 2 OF 4
EXHIBIT "C"
UTILITY EASEMENT
Being a 0.015 of an acre tract of land and being a portion of Lot 1, Block 1,
Williamsburg Square Addition, an addition to the City of Kennedale, Tarrant County,
Texas, shown by plat recorded in Volume 388 -170, Page 81, Plat Records of Tarrant
County, Texas, described to Nancy A. Bozeman, D.V.M. by deed recorded in Volume
15098, Page 376, Deed Records of Tarrant County, Texas, and being more
particularly described by metes and bounds as follows:
COMMENCING at a 112 inch iron rod found at the southeast corner of said Lot 1, same
being the most easterly northeast comer of Lot 4, of said Block 1 and said Addition,
and being on the west right -of -way line of Little School Road, also known as County
Road No. 2013 (a variable width right -of -way) from which a 112 inch iron rod found for
the northeast corner of said Lot 1 bears North 00 °48'23" West, a distance of 135.89
feet, THENCE South 89 °40 West, with the common line of said Lot 1 and said Lot
4, a distance of 10.08 feet to a 518 inch capped iron rod stamped "TNP" set for the
westerly proposed right-of-way fine of Little School Road and the POINT OF
BEGINNING;
THENCE South 89 1 40'28" West, oontinuing along said common line, a distance of 6.50
feet;
THENCE North 00 °21'15" West, a distance of 103.17 feet;
THENCE North 89 °24'37" East, a distance of 6.50 feet;
THENCE South 00 °21'15" East, a distance of 103.20 feet to the POINT OF
BEGINNING and containing 0.015 of an acre of [and, more or less.
PRELIMINARY —THIS DOCUMENT
SHALL NOT BE RECORDED FOR
ANY PURPOSE,
DATE: October 19, 2010
Stephen H. Roberson, R.P.L.S.
Texas Registration No. 4090
Notes:
1. Bearings and coordinates shown hereon are based upon
the Texas State Plane Coordinate System (NAD83; CORS96)
Epoch 2402.44 Texas North Central .Zone.
2. Integral parts of this survey:
A. Legal Descriptions
B. Sketch
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TEAGM NAU AND PERKINS
Civil Engineering I Surveying I Landscape Architecture Planning
N!! 9700 Macon Street, Fort Worth, TX 75102
(,q17) .3.36 -577.3 SHEET 4 OF 4
Staff Repart
T�� I � be
Date: December 9, 2010
Agenda Item No: XIII - B
Subject: Review and consider action to approve Resolution No. 342, authorizing the Legal Counsel
to proceed with condemnation of Lot 4a, Block 1, Williamsburg Square Addition, for widening of Little
School Road.
Originated by: Bob Hart
Recommendations: Staff recommends approval of the attached resolution
RESOLUTION NO. 342
A RESOLUTION OF THE CITY OF KENNEDALE, TEXAS
AUTHORIZING LEGAL COUNSEL TO PROCEED WITH
CONDEMNATION OF LOT 4A, BLOCK 1, WILLIAMSBURG SQUARE
ADDITION, AN ADDITION TO THE CITY OF KENNEDALE, TARRANT
COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN
VOLUME 388 -170, PAGE 81, PLAT RECORDS, TARRANT COUNTY,
TEXAS; SAID AREA IS DESCRIBED TO REZA MALEKI, ACCORDING
TO THE DEED RECORDED AS INSTRUMENT NUMBER D206239627,
DEED RECORDS, TARRANT COUNTY, TEXAS, FOR A PUBLIC
ROADWAY AND /OR OTHER PURPOSES PERMITTED BY LAVA
WHEREAS, the City of Kennedale ( "the City ") desires to acquire fee simple title
to the property described below in order to construct certain municipal improvements,
specifically a public roadway and/or other public purposes permitted by law, in order to
serve existing and future developments in the City and the citizens of the City; and
WHEREAS, the City made an initial offer to the property owner to purchase the
said property; and
WHEREAS, the City has provided to the property owner a copy of the Land
Owner's Bill of Flights, as required by law; and
WHEREAS, the City and the owner of the said property have been unable to
reach an agreement on the acquisition of this property; and
WHEREAS, the City Council now deems it necessary to authorize the City
Attorney to initiate condemnation proceedings in order to acquire fee simple title to such
property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1.
The City Council of the City of Kennedale, Texas, hereby finds and determines
that the recitals made in the preamble to this Resolution are true and correct, and
incorporates such recitals herein.
SECTION 2.
The City Council of the City of Kennedale, Texas, hereby finds and determines
that a public necessity exists for the City of Kennedale, Texas to acquire approximately
0.036 acre tract of land in fee and approximately 0.017 acre tract of land in a utility
W. lKeimedalelLittle5cboolV &IeldlResolutionNo 342 Condemnation - MaIeli Property Nov 2010L.doc Pagel
easement as described and depicted on the attached Exhibits "A" through "D" for a
1 public roadway and /or other public purposes permitted by law.
The City Manager and City Attorney are authorized to comply with the statutes of
the State of Texas with reference to the necessary legal prerequisites existing or
relating to the exercise of eminent domain to appropriate said property for the purpose
of a public roadway and /or other public purposes permitted by law.
SECTION 4.
The owner claiming an interest in said property is Reza Maleki whose mailing
address is P.O. Box 121112, Arlington, Texas 76012.
E;jX4tIN 0 1E• I
The City Council finds that such acquisition in this condemnation action is
necessary in order to serve the public health, safety and welfare.
PASSED, APPROVED and EFFECTIVE this day of 7 2010.
Mayor, Bryan Lankhorst
ATTEST;
Kelly Cooper, Acting City Secretary
VJ:1 Kennedalo\ Little5chool lMalekilltesolutionNo 342 Condemnation - Maleki Property Nov 20101_..doc Page?
EXHIM ".A"
RIGHT -OF -WAY
Being a 0.036 of an acre tract of land and being a portion of Lot 4, Block 1,
Williamsburg Square Addition, an addition to the City of Kennedale, Tarrant County,
Texas, shown by plat recorded in Volume 388 -170, Page 81, Plat Records of Tarrant
County, Texas, described to Reza Maleki by deed recorded as Instrument No.
D206239627, Deed Records of Tarrant County, Texas, and being more particularly
described by metes and bounds as follows:
BEGINNING at a 112 inch iron rod found at the most easterly northeast corner of said
Lot 4, same being the southeast comer Lot 1 of said Block 1, on the west right -of -way
line of Little School Road also known as County Road No. 2013 (a variable width right-
of -way), from which a 112 inch iron rod found at the northeast comer of said Lot 1
bears North 00 °48'23" West, 135.83 feet;
THENCE South 00 °48'23" East, with said west right -of -way line, a distance of 135.73
feet to the southeast comer of said Maleki tract, same being the most easterly
northeast corner of a tract of land, which is also a portion of Lot 4, described to Robert
W. Bass and wife, Joann Bass by deed recorded in Volume 11289, Page 654, of said
Deed Records;
THENCE South 89 °40'28" West, with the common line of said Maleki tract and said
Bass tract, a distance of 17.65 feet to a 518 inch capped iron rod stamped "TNP" set for
corner;
THENCE North 00 °21'15" West, along the proposed westerly right -of -way line of Little
School Road, a distance of 21.45 feet to a 518 Inch capped iron rod stamped'TNIP" set
for tamer;
THENCE North 89 °40'28" East, continuing with said proposed right-of-way line, a
distance of 6.50 feet to a 518 inch capped iron rod stamped "TNP" set for corner;
THENCE North 00 1 21'15" West, continuing with said proposed right -of -way line, a
distance of 114.26 feet to a 5f8 inch capped iron rod stamped °TNP" set for corner on
the common line of said Lot 4 and said Lot 1;
THENCE North 89 40'28" East, along said common line, a distance of 10.08 feet to
the POINT OF BEGINNING and containing 0.036 of an acre of [and, more or less.
PRELIMINARY —THIS DOCUMENT
SHALL NOT BE RECORDED FOR
ANY PURPOSE.
DATE: October 18, 2010
Stephen H. Roberson, R.P.LS_
Texas Registration No. 4090
Notes:
1. Bearings and coordinates shown hereon are based upon
the Texas State Plane Coordinate System (NAA83; CORS96)
Epoch 2002.00 Texas North Central Zone.
2. Integral parts of this survey:
A. Legal Dcsc iptions
B. Sketch
PARCEL 28 row Sheet l of4
EXHIBIT "B"
RIGHT -OF --WAY
t I I 1 BLOCK 2
THE WOODLANDS
m VOL, 388 -163, PG. 24
P_R.T.C.T.
—o LOT 4A LOT 3B LOT 3A LOT 2B LOT 2A LOT 1B LOT 1A —
_ -- '�
- - -- — - - - -- -- ---- - -? =5' U.E. _ _ - --
/ •J
f •o
:a
f l m=a
LOT 1
1 r
(PORTION OF LOT & ) I BLOCK 1 I :z
ROBERT W. BASS &
WIFE, JOANN BASS I WILLIAMSBURG SQUARE ADDITION
VOL 11289, PG. 554 VOL. 388 -170, PG. 81 w
D.R.T.C.T. P.R.T.C.T..o
POINT OF
3BEGINNlN :z a o
N89`40'28 "E 6N
C) I — — — 10.08' v
\ (PORTION OF LOT 4) ° n
! REZA MALEKI ,1 M
BLOCK 1 INST. No. 8206239627 3
_WILLII4MSBURG SQUARE ADOI7i0t1� D.R.T.C.T.
OL 388 -170, PG. 81 '
P.R.T.C.T. W
N I, V M:
O GO•
1 N89'40'98 "E ca.
I 6.50
ova 1 ! -�' : d
! w r.
S$9'40'28"4Y — 159.82' N..
�— N 17.65 s
BW40'28 "W
0 26 50 100
I �
i ofi °� I
SCALE. 1" = 50' O\2 ga��RQ�$`
5 gv1 G �G PORTION OF LOT 4 f = a
KENNEDALE ASSEMBLY OF 601),
yPy A NON — PROFIT ORGANIZATION
NOTES: VOL. 14470. PG, 277 c
D.R.T.C.T. M d
1. Bearings ohown hereon are based upon the Texas
State Plane Coordinate System (NAD83; CORS96) �
Epoch 200200 Texas North Central Zane.
2. Integral parts of this survey.
a. Legal DeseripEion
b. Sketch
PRELIMINARY — THIS DOCUMENT
SHALL NOT BE RECORDED FOR ANY
P URPOSE.
Stephen H. Roberson. R.P.L.S.
Texas Registration No. 4094
October 18, 2010
Date:
EXHIBIT SHOWING
0.®36 ACRE
A portion of Lot 4, Block 1,
Williamsburg Square Addition,
an addition to the
City of Kennedaie,
Tarrant County, Texas
J013
TMIGUE MAU AND PERKINS
Civil Engineedng I Surveying I Landscape Architecture I Planning
A F F T 1100 Macon Street, Fart Worth, TX 76102
rA1 71 T39— r777T SHEET 2 OF 4
EXHIBIT "C"
UT1L1TY EASEMENT
Being a 0.017 of an acre tract of land and being a portion of Lot 4, Block 1,
Williamsburg Square Addition, an addition to the City of Kennedale, Tarrant County,
Texas, shown by plat recorded in Volume 388 -170, Page 81, Plat records of Tarrant
County, Texas, described to Reza Maleki by deed recorded as instrument No.
0206239627, Deed Records of Tarrant County, Texas, and being more particularly
described by metes and bounds as follows:
COMMENCING at a 112 inch iron rod found at the most easterly northeast comer of
i said Lot 4, same being the southeast corner Lot 1 of said Block 1, on the west right-of-
way line of Little School Road also known as County Road No, 2013 (a variable width
right -of -way), from which a 112 inch iron rod found at the northeast corner of said Lot 1
bears North 00 °48'23" West, 135.89 feet, THENCE South 89° 40'28" West, a distance
of 10.08 feet to a 518 inch capped iron rod stamped "TN P" set for the westerly
proposed right -of -way line of Little School Road and the POINT OF BEGINNING;
THENCE South 00 °21'15" West, a distance of 114.26 feet to a 518 inch capped iron
rod stamped 'TNP"set for the westerly proposed right - of-way line of Little School
Road;
THENCE South 89 ° 39'40" West, a distance of 6.50 feet to a 518 inch capped iron rod
stamped "TNP" set for the westerly proposed right -of -way line of Little School Road;
THENCE North 00 °21'15" West, a distance of 114.26 feet to a point in the common
line of said Lot 4 and said Lot 1;
THENCE North 89 East, along said common line, a distance of 6.50 feet to the
POINT OF BEGINNING and containing 0.017 of an acre of land, more or less.
PRELIMINARY —THIS DOCUMENT
SHALL NOT BE RECORDED FOR
ANY PURPOSE
Stephen H. Roberson, R.P.L.S.
Texas Registration No. 4090
DATE: October 18, 2010
Notes:
1. Bearings and coordinates shoam hereon are based upon
the Texas State Plane Coordinate System (NAD83; CORS96)
Epoch 2002.00 Texas North Central Zone,
2. Integral parts of this survey:
A. Legal Descriptions
H. Sketch
PARCEL 28 utility easement Sheet of4
EXHIBIT "D"
I UTILITY EASEMENT
I [ I 1 ei.ocx 2 I I
THE WOODLANDS
VOL. 388 -163, PG. 24
P.R.T.C.T.
– —o LOT 4A LOT 38 LOT 3A LOT 2B LOT 2A LOT 18 LOT 1A —
— 7.5' U.E.
..- •-- �--------------- - ----- 7.5' U _ E. --- - - - - -- :p
I ,�j:
R PORTION OF LOT 4
OBERT W. BASS LOT 1
WIFE, JOANN BASS / �.°
VOL. 11289. PG. 554
D.R.T.C.T. / o : o
P 0I , BEGINNING
NINA f :L
,C`g °�. VO UTILITY ESM
�O? N`��c• N89•.40'28 "E 6,50' �° POINT OF
Ly✓ ��
: C O MME N CIN G CIN
I S89 "W
N • 10.08'
e* I�
(PORTION OF LOT b)
REZA MAALEKI
INST. No. D208239627
D.R.T.C.T. B N C'
I : Q a o
z ��+� id • U m i
go
Ln z a
o
S89 39 40 W EE
S89'40'28"W
0 25 50
SCALE: 1" = 50'
m
- z
Q
PORTION OF LOT 4 4a
KENNEDALE ASSEMBLY of GOD, v o r
A NON - PROFIT ORGANIZATION °w r
NOTES: VOL. 14470, PO. 277 ° I
D to
.R.T.C.T. 3 M o_
1. Bearings shown hereon are based upon the Texan °
State Plane Coordinate System (NAD63c CORS96) ¢
Epoch 20MOO Texas North Central Zane.
2. Integral parts of thla survey.
a. Legal Desceptian
b. Sketch
PRELIMINARY – THIS DOCUMENT
SHALL NOT BE RECORDED FOR ANY
PURPOSE.
Stephen H. Roberson, R.P.L.S.
Texas Registration No, 4080
October 18, 2010
Date:
EXHIBIT SHOWING
0.017 ACIRE
A porEion of Lot 4, Block 1,
Williamsburg Square Addition,
an addition to the
City of Kennedale,
Tarrant County, Texas
TOMMMIUAND PERKINS
Civil Engineering I surveying I Landscape Architecture 1PIanning
!NC 7100 Macon Street, Fort Worth, 7'X 76902
(R4 7) .4 _577.3 SHEET 4 OF 4
To the yor, yancit ., ent
Date: December 9, 2010
Agenda Item No: XI I I - C
Subject: Review and consider action to approve Resolution No. 343, authorizing the Legal Counsel
to proceed with condemnation of Lot 4, Block 1, Williamsburg Square Addition for widening of Little
School Road.
Originated by: Bob Hart
Recommendations: Staff recommends approval of the attached resolution
RESOLUTION NO. 343
A RESOLUTION OF THE CITY OF KENNEDALE, TEXAS
AUTHORIZING LEGAL COUNSEL TO PROCEED WITH
CONDEMNATION OF LOT 4, BLOCK 1, WILLIAMSBURG SQUARE
ADDITION, AN ADDITION TO THE CITY OF KENNEDALE, TARRANT
COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN
VOLUME 388 ®170, PAGE 81, PLAT RECORDS, TARRANT COUNTY,
TEXAS; SAID AREA IS DESCRIBED TO ROBERT W BASS AND WIFE
JOANN BASS, ACCORDING TO THE DEED RECORDED IN VOLUME
11289, PAGE 854, DEED RECORDS, TARRANT COUNTY, TEXAS,
FOR A PUBLIC ROADWAY ANWOR OTHER PURPOSES PERMITTED
BY LAW
WHEREAS, the City of Kennedale ( "the City ") desires to acquire fee simple title
to the property described below in order to construct certain municipal improvements,
specifically a public roadway and/or other public purposes permitted by law, in order to
serve existing and future developments in the City and the citizens of the City; and
WHEREAS, the City made an initial offer to the property owners to purchase the
said property; and
WHEREAS, the City has provided to the property owners a copy of the Land
Owner's Bill of Rights, as required by law; and
WHEREAS, the City and the owners of the said property have been unable to
reach an agreement on the acquisition of this property; and
WHEREAS, the City Council now deems it necessary to authorize the City
Attorney to initiate condemnation proceedings in order to acquire fee simple title to such
property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1.
The City Council of the City of Kennedale, Texas, hereby finds and determines
that the recitals made in the preamble to this Resolution are true and correct, and
incorporates such recitals herein.
SECTION 2.
The City Council of the City of Kennedale, Texas, hereby finds and determines
that a public necessity exists for the City of Kennedale, Texas to acquire approximately
W:1 Kennedale /'.irdeSchoo11BasslResolution No 343 Condemnation - Bass Property Nov 2010 M .doe Page I
0.010 acre tract of land as described and depicted on the attached Exhibits "A" and "B"
for a public roadway anal /or other public purposes permitted by law.
SECTION 3.
The City Manager and City Attorney are authorized to comply with the statutes of
the State of Texas with reference to the necessary legal prerequisites existing or
relating to the exercise of eminent domain to appropriate said property for the purpose
of a public roadway and/or other public purposes permitted by law.
SECTION 4.
The owners claiming an interest in said property are Robert W and Joann Bass
whose mailing address is 801 W. Main Street, Waxahachie, Texas 75165.
SECTION 5.
The City Council finds that such acquisition in this condemnation action is
necessary in order to serve the public health, safety and welfare.
PASSED, APPROVED and EFFECTIVE this day of , 2010.
Mayor, Bryan Lankhorst
ATTEST:
Kelly Cooper, Acting City Secretary
W:\KeAmodalclUeSohool\BassWesolution 343 Condemnation- Sass Property Nov 2010 M.doo Page 2
EXIMBIT "A"
Being a 0.010 of an acre tract of land and being a portion of Lot 4, Block 1,
Williamsburg Square Addition, an addition to the City of Kennedale, Tarrant County,
Texas, shown by plat recorded In Volume 388170, page 81, Plat Records of Tarrant
County, Texas, described to Robert W. Bass and w1fe, Joann Bass, by deed recorded
In Volume 11289, Page 554, Deed Records of Tarrant County, Texas, and being more
particularly described by metes and bounds as fotluws:
COMMENCING at a 112 inch iron rod found at the most easterly northeast corner of
said Lot 4, same being southeast corner Lot 1, of said stock 1, and being on the west
right -of -way Ilne of Little School Road also known as County Road No. 2013 (a
variable width right-of-way), from which a 1112 inch iron rod found at the northeast
corner of said Lot 1 bears tdorth 00 °48 West, 935.89 feet;
THENCE South 00 °4823" East, with said west right -of -way line, a distance of 135.73
feet to the most easterly northeast comer of said Bass tract, same being the southeast
corner of a tract of land, also being a portion of said Lot 4, described to Reza Male3d by
deed recorded as Instrument No. D205239627, in said Deed Records, for the POINT
OF BEGINNING;
THENCE South 00 9 48 1 23" East, continuing with said west right -of -way line, a distance
of 24,861 feet to the southeast corner of Bald Bass: tract, same being the most easterly
northeast corner of a tract of land, also being a portion of Lot 4, described to
Kennedale Assembly of God, a non -profit corporation, by deed recorded In Volume
14470, Page 277, of said Deed Records;
THENCE South 89 °43`42" West, with the common line of said Bass tract and said
tennedale Assembiy of God tract, a dlstanee of 17.85 feet to a 818 inch capped iron
rod stamped - !`NP" set for corner;
THENCE NoM 00 °21'15° Nest, a distance of 24.04 feetto a 518 inch capped Iron rod
stamped " fNP" set for comer on the common line of said Bass tract and said Nlaleld
tract;
THENCE North 89 °40'28" East, with said common line, a distance of 17.65 feet to the
POINT OF BEGINNING and containing 0.010 of an acre of land, more or less.
Y �,C&n y , #t.P.L. . axI egistration l4a. 5619
DATE: November 11, 2009
Notes:
L Bearings sad coordinates shmm hereon are based upon
the Texas StateFisne Coordinate System (NAD83; CORS96)
Epoch 2002AD Texas North Central Zone._
2. Integral pacts ofthis survey:
A. Legal Dmoripi'ions
B. sketch
PARCEL27 Meet 1 aft
EXHIBIT "B"
BLOCK 2
i I I THE WODOtmis
VOL. 388 -183, PG. 24
P.R.T.C.T.
LOT 4A LOT 3B LOT 3A LOT 2$ LOT 2A LOT 18 LOT JA
— M - - - -- - 7.5 U
— eg
I:
i
i LOT 1 ICq
M1 -
(PORTION OF LOT 4) i W 0� t � 0 �
WIFE, JOANNABASS y�J��QG' $
VOL. 11 289, PG. 55d o I 5 �"o3 ' �qrj" Iz
POINT OF
COMMENCING
t
o (PORTION OF LOT d)
REZA MALEKI
INST. No. D2 0 623 9 6 27 ) ;
I . v I . t , p? .,;'.^
I
'ke
r N80 *40'28 "E — 159.8 —
-- -- 94.9 4��
1. Bearings shorn hereon ore based upon the Texas
State Plana Coord#nate System (NAD8$, COR596)
Epoch 2002.00 Texas North Central Zone.
2. integral p of this survey.
a Lega l r)ascriptlon
b. Sketch
�
cy L entry, R.P.L.S.
T as Reglstratlon No. 5 19
November 11, 2009
Do le;
tit
u , :
°P
cV
POINT OF
)'48'25"E
24.96
389'43'42 "EN
1 7.85'
PORT ION OF LOT 4
KENNEDALE ASSEMBLY OF GOO,
A NON — PROFIT ORGANIZATION : ° aY�
VOL. 14470, PG. 277 c3 F
D.R.T.C.T, a'
rn
EXHIBIT SHOWING
0 . 0 10 A CRE
E
A portion of Lot 4, Block 1,
Williamsburg Square Addition,
an addition to the
City of Kennedaie,
Tarrant County, Texas
• r - PERKI
Civil Engineefing Surveying I Landscape Architecture I planning
lNC. 1100 M &cart S!'rest, Fort Wonit� 7X 73102
IR17) MqR ,77:4 SHEET 2 OF 2
°`� �r 1�
Date: December 9, 2010
Agenda Item No: XIII - D
Subject: Review and consider approval of Resolution No. 348, approving an economic development
program and authorizing the city manager to execute a Chapter 380 Agreement with CIVIC Rebar for
Gillman Road right -of -way.
Originated by: Kelly Cooper, Interim City Secretary
Recommendations: Staff recommends approval of the attached Resolution
RESOLUTION NO. 348
A RESOLUTION OF THE CITY OF KENNEDALE, TEXAS APPROVING
THE TERMS AND CONDITIONS OF A PROGRAM TO PROMOTE
ECONOMIC DEVELOPMENT AND STIMULATE BUSINESS AND
COMMERCIAL ACTIVITY IN THE CITY; AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH CMC REBAR FOR
SUCH PURPOSES; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Chapter 380 of the Texas Local Government Code authorizes
municipalities to establish and provide for the administration of programs that promote
economic development and stimulate business and commercial activity in the city; and
WHEREAS, the City Council has been presented with a proposed agreement by
and between the City of Kennedale and CMC Rebar, a copy of which is attached hereto
as Exhibit "A" and incorporated herein by reference (hereinafter called the "Agreement ";
and
WHEREAS, upon full review and consideration of the Agreement and all matters
attendant and related thereto, the City Council is of the opinion that the Agreement will
assist in implementing a program whereby economic development will be promoted and
business and commercial activity will be stimulated in the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1.
The City Council finds that the terms of the Agreement will promote economic
development and stimulate business and commercial activity in the City and otherwise
meet the criteria of Section 380.001 of the Texas Local Government Code.
SECTION 2.
The City Council hereby adopts and economic development program whereby
the City of Kennedale will make economic development program payments for the
benefit of CMC Rebar, and take other specified actions in order to induce economic
development within the City, in accordance with the terms outlined in the Agreement.
SECTION 3.
The terms and conditions of the Agreement, having been reviewed by the City
Council of the City of Kennedale and found to be acceptable and in the best interest of
the City and its citizens are hereby approved.
SECTION 4.
The City Manager is hereby authorized to execute the Agreement and all other
documents in connection therewith on behalf of the City substantially according to the
terms and conditions set forth in the Agreement.
SECTION 5.
This Resolution shall become effective from and after its passage.
PASSED, APPROVED and EFFECTIVE this day of , 2010.
Mayor, Bryan Lankhorst
ATTEST:
Kelly Cooper, Interim City Secretary
EXHIBIT A
380 AGREEMENT
W:1Kennedale\RESOLUT11380 Agreement with CMC.wpd (12-9-10) Page 3