On the agenda: Benbrook meeting — data center (Nov 5)

AGENDA
BENBROOK CITY COUNCIL
THURSDAY, NOVEMBER 5, 2026
911 WINSCOTT ROAD, BENBROOK, TEXAS
REGULAR MEETING 7:00 P.M.
COUNCIL CHAMBERS
ALL AGENDA ITEMS ARE SUBJECT TO FINAL ACTION
I. CALL TO ORDER
II. INVOCATION
PLEDGE OF ALLEGIANCE
III. CITIZEN COMMENTS ON ANY AGENDA ITEM (Citizen Comments Are Limited To 3
Minutes)
IV. MINUTES
1. Minutes Of The Regular Meeting Held October 15, 2026
Documents:
MINUTES 10-15-2026.PDF
V. PRESENTATION BY ECONOMIC DEVELOPMENT CORPORATION
EDC-2026-02 Proposed Amended And Restated Bylaws For The Benbrook Economic
Development Corporation (BEDC)
Documents:
EDC-2026-02 CCC FOR BEDC PROPOSED AMENDED AND RESTATE
BYLAWS.PDF
EDC-2026-02 BEDC AMENDED AND RESTATED BYLAWS DRAFT.PDF
VI. PRESENTATION BY PLANNING AND ZONING COMMISSION
PZ-2026-07 Ordinance Rezoning Approximately 9.133 Acres Of Land, Identified As Lots 13, Block 1, Vista Way Addition, From “HC” Highway Corridor District To “HC-PD” Highway
Corridor Planned Development District, Allowing For The Potential Development Of An
Automotive Fueling Station Within The District Through The Conditional Use Permit
Process. The Property Is Generally Located At The Northwest Corner Of The Intersection Of
The SW Loop 820 Frontage Road And Benbrook Blvd (8401, 8402, And 8411 Vista Way).
PUBLIC HEARING
Documents:
PZ-2026-07 STAFF REPORT.PDF
PZ-2026-07 ATTACHMENTS.PDF
VII. REPORTS FROM CITY MANAGER
A. GENERAL
G-2769 Finance Report For Period Ending September 30, 2026
Documents:
G-2769 FINANCE REPORT - SEPT 26.PDF
G-2769 REVENUE CHART - SEPT 26.PDF

G-2769 Finance Report For Period Ending September 30, 2026
Documents:
G-2769 FINANCE REPORT - SEPT 26.PDF
G-2769 REVENUE CHART - SEPT 26.PDF
G-2769 EXPENDITURE CHART - SEPT 26.PDF
G-2769 SALES TAX COMPARISON - SEPT 26.PDF
G-2770 Quarterly Investment Report For Period Ending September 30, 2026
Documents:
G-2770 APPROVE INVESTMENT REPORT - SEPT 26.PDF
G-2770 INVESTMENT REPORT SEPT 26.PDF
G-2771 Administrative Regulation F-5 - Investment Policy
Documents:
G-2771 APPROVE F-5 INVESTMENT POLICY CCC.PDF
G-2771 INVESTMENT POLICY - NOV 2026.PDF
G-2771 RESOLUTION ACCEPTING INVESTMENT POLICY.PDF
G-2772 Hotel/Motel Occupancy Tax Distributions For FY 2026-2027
Documents:
G-2772 HMOT DISTRIBUTION FOR FY 2026-27.PDF
G-2773 Ordinance Amending Title 8, Health And Safety, Of The Benbrook Municipal Code,
As Amended, By Repealing And Replacing Section 8.20.010 (B)(7) Of Chapter 8.20, Noise
Pollution, In Its Entirety, To Revise Regulations Governing Construction Activities And
Associated Noise.
Documents:
G-2773 CCC FOR CONSTRUCTION HOURS.PDF
G-2773 CONSTRUCTION NOISE ORDINANCE.PDF
B. CONTRACT
C-398 Contract With Tarrant County Emergency Service District NO. 1 For Fire And
Emergency Medical Services
Documents:
C-398 TARRANT COUNTY ESD CCC (002).PDF
C-398 BENBROOK MUNICIPAL CONTRACT - FIRE-EMS FY27.PDF
VIII. INFORMAL CITIZEN COMMENTS
State Law prohibits any deliberation of or decisions regarding items presented in informal citizen
comments. City Council may only make a statement of specific information given in response to the inquiry;
recite an existing policy; or request staff place the item on an agenda for a subsequent meeting. The
exception to informal comments is that once an election date has been set by City Council comments
relative to elections will not be broadcast on the City’s cable channel. However, a copy of the tape
containing citizens’ comments will be available at city hall for review or purchase by interested citizens.
(Citizen comments are limited to 3 minutes)

IX. COUNCIL MEMBER AND STAFF COMMENTS
Pursuant to the Texas Government Code, Chapter 551, Open Meetings, Section
551.0415, announcements from City Councilmembers and City Staff are limited to
expressions of thanks; congratulations; condolences; recognition of public officials,

(Citizen comments are limited to 3 minutes)

IX. COUNCIL MEMBER AND STAFF COMMENTS
Pursuant to the Texas Government Code, Chapter 551, Open Meetings, Section
551.0415, announcements from City Councilmembers and City Staff are limited to
expressions of thanks; congratulations; condolences; recognition of public officials,
employees or citizens; information regarding holiday schedules; reminders of community
events or announcements involving an imminent threat to the public heath and safety of
the municipality that has arisen after the posting of the agenda. No discussion or formal
action may be taken on these items at this meeting.
X. ADJOURNMENT
I do hereby certify that the notice of above meeting for the City of Benbrook was posted at City Hall, City of
Benbrook, Texas and on the City’s website in compliance with Chapter 551, Texas Government Code on
October 30, 2026 by 5:00 p.m. Beth Fischer, City Secretary/Chief Governance Officer

MINUTES
OF THE
MEETING OF THE
BENBROOK CITY COUNCIL
THURSDAY, OCTOBER 15, 2026
The regular meeting of the Benbrook City Council was held on October 15, 2026 at 7:00
p.m. in the Council Chambers with the following Council members present:
Jason Ward, Mayor
Renee Franklin
Ryan Reagan
Dustin Phillips
Sean Moore
Laura Mackey
Keith Tiner
Also Present:

I.

Jim Hinderaker, City Manager
Beth Fischer, City Secretary
Ethan Cox, Assistant City Manager
Police Chief Criag Ross
Fire Chief Jason Tate
Doug Howard, City Planner
Rick Overgaard, Finance Director
Bennett Howell, Director of Public Services

CALL TO ORDER
Meeting called to order at 7:00 p.m. by Mayor Ward.

II.

INVOCATION/PLEDGE OF ALEGIANCE
Invocation was given by Councilmember Reagan
The Pledge of Allegiance recited.

III.

CITIZEN COMMENTS ON ANY AGENDA ITEM

IV.

MINUTES
1. Approve minutes of the regular meeting held October 1, 2026
1

Motion by Mr. Tiner, seconded by Ms. Franklin, to approve the minutes of the regular
meeting held October 1, 2026.
Vote on the Motion:
Ayes: Ms. Franklin, Mr. Reagan, Mr. Phillips, Mayor Ward, Mr. Moore, Ms. Mackey,
Mr. Tiner
Noes: None
Motion carried unanimously.
V.

PROCLAMATION/RECOGNITION/AWARDS
Chief Craig Ross and Chief Jason Tate recognized No Shave November – Men’s
Cancer Awareness.

VI.

PRESENTATION BY PLANNING AND ZONING COMMISSION
PZ-2026-09
Ordinance No. 1490 to correct the legal description and boundary of the
property subject to the ordinance; rezone any remnant portions of the property
omitted from the original legal description from “SD” Suburban District to “CPD” Multiple-Family Planned Development District; and amend the minimum
lot size established by Ordinance No. 1490 from 80 acres to 79.5 acres as a
result of the corrected property boundaries. The property is situated in the
Thomas G. Zachary Survey, Abstract No. 1759, and is generally located on the
east side of I.H. 820 between Veterans Parkway and Chapin Road (4501 W.
Loop 820 S.)
PUBLIC HEARING
Wade Barnes Ph.D., P.E., CFM with Evolving Texas LLC (3000 Race St Ste 108,
Fort Worth, TX 76111) presented to City Council.
Doug Howard gave the following report: The applicant is requesting an amendment
to Ordinance 1490 to correct the legal descriptions and boundaries of the property
included in the original ordinance. The proposed amendment is based on a new
signed and sealed boundary survey of the property.
In summary, the proposed amendment would:
•
•
•

Correct the overall property boundary and legal description in Ordinance 1490
based on the new signed and sealed boundary survey, updating the total acreage
from approximately 80.665 acres to 79.81 acres.
Correct the legal descriptions for Area 1 and Area 2 within the Planned
Development District to correspond with the corrected property boundary.
Rezone small remnant portions of the property that were omitted from the original
legal description from “SD” Suburban District to “C-PD” Multiple-Family Planned
Development District, so the zoning corresponds with the corrected property
boundaries.
2

•

Adjust the minimum lot size established by Ordinance 1490 from 80 acres to 79.5
acres as a result of the corrected acreage.

The effect of the proposed amendment is to correct the property boundaries, legal
descriptions, acreage calculations, and associated exhibits in Ordinance 1490. No
other zoning regulations or development standards established by Ordinance 1490
are proposed to be amended.
June 2023 – Ordinance 1490: The City Council adopted Ordinance 1490, rezoning
the subject property to “C-PD” Multiple-Family Planned Development District and
establishing zoning regulations for the property.
June 2026 – Preliminary Engineering Review: Preliminary Engineering Plans were
submitted for review proposing development of the property under the existing zoning
regulations. During the review, discrepancies were identified between the property
boundary and legal descriptions contained in Ordinance 1490 and the applicant’s
plans. As a result, the applicant was informed that the plans did not meet the 80-acre
minimum lot size requirement of the zoning ordinance and that the issue needed to
be resolved before a plat could be approved.
August 2026 – Rezoning Application. An application was submitted to the City to
resolve the property boundary and zoning discrepancies identified during the
engineering review of the development plans.
The Planning and Zoning Commission considered the proposed amendment at its
September 10, 2026 meeting. The Commission considered the corrected property
boundary and legal descriptions, the resulting change in acreage, the rezoning of
remnant portions of the property to “C-PD,” and the proposed reduction of the
minimum lot size from 80 acres to 79.5 acres.
The Commission was also advised that the proposed amendment does not enlarge
Area 1, the developable area established by Ordinance 1490, or otherwise modify
the zoning regulations or development standards applicable to the property.
Following the public hearing, the Planning and Zoning Commission voted 6-0 to
recommend approval of the proposed amendment to Ordinance 1490.
Mayor Ward opened the public hearing at 7:17 p.m.
No one spoke.
Mayor Ward closed the public hearing at 7:17 p.m.
Motion by Mr. Reagan, seconded by Ms. Franklin, to adopt Ordinance 1490-2, as
presented.
Vote on the Motion:

3

Ayes: Ms. Franklin, Mr. Reagan, Mr. Phillips, Mayor Ward, Mr. Moore, Ms. Mackey,
Mr. Tiner
Noes: None
Motion carried unanimously.
PZ-2026-10
Ordinance amending the City of Benbrook Zoning Ordinance to define and
regulate data centers separately from other industrial uses, require approval
of a Conditional Use Permit prior to development, establish the City Council as
the final approval authority for the Conditional Use Permit following review and
recommendation by the Planning and Zoning Commission, and make minor
updates to applicable Conditional Use Permit procedures resulting from these
changes. PUBLIC HEARING
Doug Howard gave the following report: The proposed amendments define and
classify data centers as a restricted use, allowing them to be regulated separately
from other industrial uses. The amendments require approval of a Conditional Use
Permit (CUP) prior to the development of a data center within the “H” Industrial
District, establish the City Council as the final approval authority for the CUP following
review and recommendation by the Planning and Zoning Commission, and update
applicable CUP procedures resulting from these changes
Data centers are currently classified within the broader Industrial Service use
category and could be permitted by right within the “H” Industrial District. While data
centers are generally industrial in character, larger facilities may have significant
electrical demand, water and cooling needs, supporting utility infrastructure, and
other operational characteristics that distinguish them from typical industrial uses
found within the City of Benbrook.
Data center development has also received increased attention at the state level. On
August 3, 2026, Governor Greg Abbott directed the Public Utility Commission of
Texas (PUCT) and the Electric Reliability Council of Texas (ERCOT) to conduct a
comprehensive verification and audit of data centers advancing through ERCOT’s
interconnection process. The State’s ongoing review has brought increased attention
to the electrical demand, water use, cooling technologies, and other infrastructure
needs associated with these facilities.
Chapter 17.80 – Conditional Uses provides for individual review of uses based on
their location, characteristics, compatibility with surrounding properties, potential
impacts, access and circulation, and other applicable zoning considerations, and
allows conditions to be placed on an approval when appropriate.
The proposed amendments would make the following changes to the Zoning
Ordinance:
•
•

Chapter 17.08 – Definitions: Add a definition for “Data Center.”
Chapter 17.20 – Districts, District Boundaries and District Uses: Identify data
centers as a restricted use within the Industrial Use category.
4

•
•
•

Table 17.20.070 – Table of Uses: Allow a data center only within the “H” Industrial
District upon approval of a Conditional Use Permit.
Chapter 17.80 – Conditional Uses: Require a data center CUP to be reviewed by
the Planning and Zoning Commission, which would make a recommendation to
the City Council. The City Council would make the final decision on the request.
Chapter 17.80 – Appeals: Clarify that the appeal process applicable to CUP
decisions made by the Planning and Zoning Commission does not apply to data
center CUPs because the City Council would serve as the approving authority.

The proposed classification follows the existing structure of the Zoning Ordinance,
which allows certain unique uses to be separately identified and regulated rather than
treated the same as all uses within a general use category.
The Zoning Ordinance generally organizes land uses into broad use categories
based on common characteristics. Section 17.20.060 also allows certain uses to be
identified as “restricted uses.” A restricted use is a more narrowly identified land use
type that is separated from its related general use category so that it may be
regulated individually in the Table of Uses. The proposed amendments would identify
data centers as a restricted use within the Industrial Use category rather than treating
them the same as other uses within the broader Industrial Service classification.
Data centers are generally industrial in character; however, their scale, utility
demands, supporting infrastructure, and operational characteristics can vary
significantly from one facility to another. Requiring a CUP allows each proposal to be
evaluated individually rather than permitting the use by right throughout the “H”
Industrial District. The CUP process also requires a public hearing, providing an
opportunity for surrounding property owners to be notified and other interested
parties to provide input regarding a proposed facility. This approach is consistent with
the purpose of the City’s existing CUP process, which allows an individual request to
be evaluated based on the characteristics of the proposed use, the property on which
it would be located, its relationship to surrounding properties, and the applicable CUP
review criteria.
The CUP process also allows conditions to be placed on an approval when
appropriate to address the characteristics of a particular proposal. For example,
conditions associated with a data center CUP could include requiring coordination
with the Benbrook Water Authority regarding water service and capacity or requiring
the applicant to demonstrate compliance with applicable PUCT and ERCOT
requirements prior to development or operation. The appropriate conditions, if any,
would be determined during review of an individual CUP application.
The increased state-level attention to data centers further illustrates the importance
of considering the particular infrastructure needs of an individual facility. Electrical
demand, water use, cooling methods, and supporting infrastructure may vary
between projects, making individual review through the CUP process appropriate
rather than establishing data centers as a permitted use throughout the district.
Due to increased public interest in data centers, staff believes final consideration of
a data center CUP is more appropriately suited to the City Council. The Planning and
5

Zoning Commission would still review the request and make a recommendation, with
the City Council making the final decision.
In a vote of 8-0, the Planning and Zoning Commission unanimously recommended
the City Council adopt an ordinance to amend the City’s Zoning Ordinance regarding
the definition, classification, and regulation of data centers. (See Attachment 1 to
review the proposed ordinance with the recommended amendments)
Mayor Ward opened the public hearing at 7:33 p.m.
No one spoke in favor of the item.
Joesph Bauer (1216 Usher St) spoke in opposition of the City Council making the
final approval of a data center CUP and instead having a ballot measure to have
citizen vote on it.
Mayor Ward closed the public hearing at 7:34 p.m.
Motion by Mr. Moore, seconded by Mr. Phillips, to adopt an ordinance 1524,
amending the Zoning Ordinance regarding the definition, classification, and
regulation of data centers.
Vote on the Motion:
Ayes: Ms. Franklin, Mr. Reagan, Mr. Phillips, Mayor Ward, Mr. Moore, Ms. Mackey,
Mr. Tiner
Noes: None
Motion carried unanimously.
VII.

REPORTS FROM CITY MANAGER
A. GENERAL
G-2768
Ordinance Amending Title 15 – Building and Construction of the Benbrook
Municipal Code (1985), as amended, by amending various sections of Chapter
15.40 - Flood Hazard Protection, and Chapter 15.42 - Storm Water Quality,
regarding floodplain development, fill and grading, erosion hazard zones,
vegetation alteration, floodplain perimeter control, and flood storage
requirements.
Bennett Howell gave the following report: The City of Benbrook has participated in
the National Flood Insurance Program (NFIP) since 1979. Through its participation,
the City adopts and enforces Federal Emergency Management Agency (FEMA)
floodplain regulations, so Benbrook residents and property owners are eligible to
purchase flood insurance. The City’s floodplain regulations are codified in Chapter
15.40 of the Benbrook Municipal Code and were most recently updated in February
2024.
6

Staff recently reviewed Chapter 15.40 - Flood Hazard Protection and Chapter 15.42
- Storm Water Quality of the Benbrook Municipal Code. Staff recommends adoption
of the attached Ordinance, which would amend the City floodplain regulations as
summarized below:
The ordinance would:
• Create a dedicated Fill Permit process and standards for filling, grading, and
excavation within the floodplain.
• Establish requirements for fill elevation, compaction, drainage, erosion control,
hydraulic impacts, and FEMA approvals.
• Establish new erosion hazard zone setbacks and limitations on development near
stream channels.
• Require permits for substantial vegetation alteration within the floodplain, while
exempting routine maintenance.
• Establish a limited historic structure exception for reconstruction within the
floodplain.
• Prohibit perimeter dikes, levees, and flood walls intended to exclude floodwaters.
• Establish valley storage and hydraulic connectivity requirements to preserve
floodplain function.
• Update the definitions of human habitation and substantial improvement.
• Delete obsolete provisions of the existing floodplain regulations.
FEMA’s current floodplain maps for the Benbrook area became effective March 21,
2019.
Motion by Mr. Reagan, seconded by Mr. Moore, to adopt the attached Ordinance
amending Title 15 – Building and Construction of the Benbrook Municipal Code
(1985), as amended, to revise various provisions of Chapter 15.40 - Flood Hazard
Protection and Chapter 15.42 - Storm Water Quality.
Vote on the Motion:
Ayes: Ms. Franklin, Mr. Reagan, Mr. Phillips, Mayor Ward, Mr. Moore, Ms. Mackey,
Mr. Tiner
Noes: None
Motion carried unanimously.
B. CONTRACT
C-395 Employee health insurance contract with United Healthcare
Rick Overgaard gave the following report: Cigna Healthcare provides group health
insurance coverage for full-time City employees and their eligible dependents
through an Open Access Plus (OAP) plan. The City’s group plan is available to City
retirees (at their cost), Benbrook Library District (BLD) employees, and eligible
dependents for these groups.
7

The current monthly rates for the employee and employer combined are: $848.83 for
an employee, an additional $1,018.61 for a spouse, an additional $721.52 for
children, and an additional $1,867.46 for family coverage.
In September 2026, Cigna proposed a renewal rate increase of 35.19 percent over
our current rates. Thereafter, the City’s Agent of Record negotiated with Cigna to try
and secure a lower rate. The lowest rate Cigna would offer is a 9.71 percent increase.
Through the City’s Agent of Record the City solicited and received proposals from
other insurance carriers with United Healthcare (UHC) being the lowest at a 1.27
percent decrease.
The proposed monthly rates under UHC for the employee and employer combined
are: $838.04 for an employee, an additional $1,005.65 for a spouse, an additional
$712.35 for children, and an additional $1,843.69 for family coverage.
The estimated cost to the City is $2,138,940; this amount is below the 2026-27
Budget allocation by $527,603.
Motion by Mr. Tiner, seconded by Ms. Franklin, to approve a one-year contract,
effective November 1, 2026, with United Healthcare for provision of the City of
Benbrook’s group health insurance.
Vote on the Motion:
Ayes: Ms. Franklin, Mr. Reagan, Mr. Phillips, Mayor Ward, Mr. Moore, Ms. Mackey,
Mr. Tiner
Noes: None
Motion carried unanimously.
C-396 Employee dental insurance contract with United Healthcare
Rick Overgaard gave the following report: The City contracts with Cigna Healthcare
to provide group dental insurance coverage for full-time City employees and their
eligible dependents. The current rates are $34.49 per month for employees, an
additional $39.04 for spouse coverage, $40.62 for children coverage and $77.79 for
family coverage.
The City’s group plan is also available to City retirees, Benbrook Library District (BLD)
employees, and eligible dependents for these groups. The City pays no portion of
these premiums.
The City changed insurance carriers to United Healthcare (UHC) for plan year
effective November 1, 2026. UHC offered a 6.7% decrease in rates.
The total estimated annual cost to the City is $66,145 and is included in the FY 202627 Budget.
8

Motion by Mr. Phillips, seconded by Mr. Tiner, to approve a one-year contract with
United Healthcare for provision of dental insurance to be effective November 1, 2026.
Vote on the Motion:
Ayes: Ms. Franklin, Mr. Reagan, Mr. Phillips, Mayor Ward, Mr. Moore, Ms. Mackey,
Mr. Tiner
Noes: None
Motion carried unanimously.
C-397 Street Maintenance Contracts to Texas Bit
Bennet Howell gave the following report: For many years, the City of Benbrook has
partnered with Tarrant County to complete the City’s annual Street Rehabilitation
Program, with the County historically performing much of the work. In recent years,
Tarrant County’s participation has decreased. For the current year, Tarrant County
has indicated a willingness to participate but has not yet formally committed to the
program.
To maintain schedule certainty and ensure timely completion of the program, staff
recommends proceeding with Texas Bit through existing interlocal agreements. The
proposed asphalt overlay work will be completed under the City’s interlocal
agreement with Dallas County while milling services will be completed under the
City’s interlocal agreement with Ellis County. The total contract amount with Texas
Bit is $567,048.40.
This year’s Street Rehabilitation Program is part of the City’s five-year Capital
Improvement Program (CIP) approved by City Council. Subject to approval of the
proposed Texas Bit contract, the remaining overlay budget will be reserved for the
purchase of asphalt materials once an agreement with Tarrant County is finalized.
The proposed work associated with this contract will repair approximately 8,640
linear feet of roadway, as detailed in Table 1.
Texas Bit has consistently provided high-quality work for the City, most recently
completing the 2026 Street Maintenance Program.
Table 1 – Proposed Streets
Milling and Overlay Streets
From
Street
Cross
Street
Vernon
Winscott
Castle Ave
Rd
Vernon
Cozby
Castle Ave
West St
Cozby East
St

To Cross
Street

Length
(ft)

Width
(ft)

Bryant St

3,260

28

450

28

1,320

28

Sproles
Dr
Vernon
Castle
Ave

Duane
St

9

Table 1 – Proposed Streets
Milling and Overlay Streets
From
Street
Cross
Street
Johnson St
Duane St
Sproles Dr
Sproles Dr

To Cross
Street

Length
(ft)

Width
(ft)

970

28

940

28

Mildred
Ln

760

28

Benbrook
Blvd

940

39

Vernon
Castle
Ave
Vernon
Castle
Ave

Cozby
East St
Cozby
South St
Vernon
Castle
Ave
Mildred
Ln

The proposed Street Maintenance contract will be funded through the Public Works
operating budget.
•
•

Milling Cost Estimate $ 117,734.40
Overlay Cost Estimate $ 449,314.00
Total Cost Estimate
$ 567,048.40

Motion by Ms. Mackey, seconded by Ms. Franklin, to approve the street maintenance
contract with Texas Bit in an amount not to exceed $567,048.40.
Vote on the Motion:
Ayes: Ms. Franklin, Mr. Reagan, Mr. Phillips, Mayor Ward, Mr. Moore, Ms. Mackey,
Mr. Tiner
Noes: None
Motion carried unanimously.
VII.

INFORMAL CITIZEN COMMENTS

VIII.

COUNCIL MEMBER AND STAFF COMMENTS
Councilmember Franklin expressed appreciation to everyone who participated in and
attended National Night Out. She encouraged residents to be on the lookout for
upcoming Halloween activities and local community events scheduled for the
remainder of October.
Councilmember Tiner expressed his support of No Shave November and recognized
October as Breast Cancer Awareness Month. He offered words of encouragement
to those affected by breast cancer, emphasized the importance of regular screenings
for early detection, and encouraged everyone to wear pink in honor of survivors and
in remembrance of those who have lost their lives to the disease.
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IX.

ADJOURNMENT
Meeting adjourned at 8:01 p.m.
APPROVED:
__________________________
Jason Ward, Mayor

ATTEST:
_________________________________
Elizabeth Fischer
City Secretary/Chief Governance Officer

11

City of Benbrook
CITY COUNCIL COMMUNICATION
DATE:

REFERENCE
NUMBER:

11/05/2026

EDC-2026-02

SUBJECT:

PAGE:

Proposed Amended and Restated Bylaws for
the Benbrook Economic Development
Corporation (BEDC)

1 of 3

BACKGROUND
The Benbrook Economic Development Corporation (BEDC) established Bylaws to create a formal
structure for the governing of the Corporation when it was established which outlines the authority
and responsibilities of the Board of Directors to ensure compliance with Texas law and City Council
requirements. The Board of Directors have the authority to update its Bylaws and present those
proposed changes to City Council as needed, to address the evolving needs of the Corporation
and changes in applicable laws. On October 19, 2026, the Benbrook Economic Development
Corporation Board unanimously approved the following amendments.
PROPOSED AMENDMENTS
The following changes are proposed for the BEDC Bylaws to properly reflect how the Board of
Directors functions. (see redlined proposed Amended and Restated Bylaws)
•

Section 3.03 Regular Meeting; Place of Meetings: To provide the Board with flexibility, it
is proposed to amend Section 3.03 Regular Meeting; Place of Meetings by deleting the
words “resolution by.” This change will allow the Board to make necessary adjustments to
the meeting schedule during the work session without having to wait until a subsequent
meeting to approve a resolution, changing the meeting date, or having to cancel a meeting
if the required posting deadlines cannot be met.
Based on the City of Benbrook’s new Board appointment schedule, it proposed to move the
election of officers from November to January of each year. This change will provide newly
appointed Directors additional time to become familiar with existing Board members and the
roles and responsibilities of the Executive Officers prior to officer elections. In addition, by
deleting the words “resolution of” in the second half of the paragraph, this will also offer the
Board more flexibility should unforeseen circumstances require a change to the month in
which officers are elected.
3.03 Regular Meeting; Place of Meetings. Regular Meetings shall be held on the third
(3rd) Monday of each month and shall be held at the City Council Chambers, 911 Winscott
Road, Benbrook, Texas 76126, unless otherwise determined by resolution of the Board of
Directors. A meeting for the election of officers and the transaction of other business shall
be held on the third (3rd) Monday in November January of each year, unless changed by

SUBMITTED BY:

DISPOSITION BY COUNCIL:
 APPROVED
 OTHER (DESCRIBE)

PROCESSED BY:
CITY SECRETARY
DATE:

CITY MANAGER

DATE:

REFERENCE
NUMBER:

11/05/2026

EDC-2026-02

SUBJECT:

Proposed Amended and Restated Bylaws for
the Benbrook Economic Development
Corporation (BEDC)

PAGE:

2 of 3

resolution of the Board of Directors. All meetings shall be called and held in accordance
with the Texas Open Meetings Act, Chapter 551, Texas Government Code, as amended.
•

Section 3.04 Special Meetings: House Bill 1522, passed during the 89th Texas Legislative
Session, which amended the Texas Open Meetings Act by changing the public meeting
notice posting requirement from 72 hours before a meeting to at least three (3) full business
days before the scheduled meeting date. To comply with this change, the proposed
amendment will revise the notice requirement in Section 3.04 Special Meetings from 72
hours to four (4) business days. This change will provide Staff with sufficient time to prepare
and post the meeting agenda while ensuring compliance with the required three (3) full
business days' public notice requirement.
3.04 Special Meetings. Special Meetings of the Board of Directors may be called by the
President or upon the written request of two Directors, on 72 hours on four (4) business
days’ notice prior to the meeting, or as otherwise required by the Texas Open Meetings Act,
with notice delivered to each Director, either by hand-delivery, U.S. mail, or electronic
communication.

•

Section 4.02 Executive Officers: Based on the City of Benbrook’s new Board appointment
schedule, the proposed amendment will move the election of officers from the first Regular
Meeting following Board appointments by the City Council to January of each year, unless
changed by the Board of Directors. This change is consistent with proposed changes to
Section 3.03. It will provide newly appointed Directors with additional time to become
familiar with existing Board members and the roles and responsibilities of the Executive
Officers prior to the election of officers and account for any meeting change. In addition, the
following sentence will be added to allow officer vacancies to be filled as needed throughout
the year. The proposed amendment will add the following sentence: “Appointments to fill
officer vacancies may be made throughout the year, as needed, to serve the remainder of
the unexpired terms.”
4.02 Executive Officers. The Executive Officers of the Corporation shall be a President,
Vice-President, and Secretary. The Board of Directors shall elect these Officers from its
Members at the first Regular Meeting following term appointments by City Council. during
the January meeting, unless changed by the Board of Directors. Appointments to fill officer
vacancies may be made throughout the year to fill the remaining terms as needed. The Board
may appoint such other officers as they deem necessary, who shall have such authority, and
shall perform such duties as may be prescribed by the Board. The Board will make provisions
for City Staff to provide administrative support and oversight of the Corporation's work.

•

Section 7.02 Requested Agenda Items: This section also needs to be updated from
Wednesday to Monday prior to the Monday meeting which will allow for the minimum full
three (3) business days’ agenda posting requirement.

DATE:

REFERENCE
NUMBER:

11/05/2026

EDC-2026-02

SUBJECT:

Proposed Amended and Restated Bylaws for
the Benbrook Economic Development
Corporation (BEDC)

PAGE:

3 of 3

7.02 Requested Agenda Items. A Director may request items be added to the meeting
agendas; however, such request shall be in writing, either by letter or electronic
communication. Such request shall be submitted by noon Monday preceding the Board's
meeting by one week, but must be requested no later than noon Wednesday Monday prior to
the Monday meeting, which would allow for the minimum 72 hour three (3) business days’
agenda posting requirement. These Bylaws do not eliminate the requirement to comply with
the Open Meetings Act.

RECOMMENDATION
The BEDC Board of Directors recommends that the City Council approve the Proposed Amended
and Restated Bylaws.
Attachments: Proposed Amended and Restated Bylaws

BENBROOK ECONOMIC DEVELOPMENT CORPORATION
AMENDED AND RESTATED BYLAWS
ARTICLE I.
The Corporation
1.01 Name: The name of the Corporation shall be Benbrook Economic
Development Corporation (hereinafter the "Corporation" or "BEDC").
1.02 Location: The principal office of the Corporation shall be:
City of Benbrook Municipal Complex
911 Winscott Road
Benbrook, Texas 76126

ARTICLE II.
Standards
2.01 Standards. The Corporation will seek to maintain the highest ethical
standards and code of conduct to foster the greatest level of trust from the Citizens
of Benbrook — its customer. It shall not be the purpose of this Corporation to
engage in dissemination of information to promote a policy, idea, or cause in an
attempt to influence legislation.
2.02 Consideration of Actions. The BEDC Board of Directors and Staff will
provide consideration of all actions' impact on the public's perception of the
Corporation.
2.03 Public Awareness. The Corporation will strive to foster public and business
community awareness of the BEDC, recognizing greater awareness enhances the
image of the Corporation and the economic environment of the City of Benbrook.
2.04 Goals. The BEDC Board will provide clear goals for Staff, the public and the
business community's awareness.

ARTICLE III.
Board of Directors
3.01 Number, Appointment, and Term of Office. The business and affairs of the
Corporation shall be managed by a Board of seven (7) Directors. The Board of

Directors shall be appointed by the Benbrook City Council. Each Director shall
serve for two (2) years at the pleasure of the City Council. Each Director shall be a
resident of the City of Benbrook and is entitled to one vote upon the business of the
Corporation. A Director is deemed to have forfeited its place on the Board if said
Director fails to attend three (3) consecutive Board of Directors' Regular Meetings
without review and approval of the Board, or is no longer residing in the City of
Benbrook. A Director may be removed by the Benbrook City Council at any time
with or without cause.
3.02 Vacancies. City Council will, at its pleasure, fill all vacancies. In the event
of a vacancy on the Board, the City Council may appoint a successor to serve the
remainder of the unexpired term.
3.03 Regular Meeting; Place of Meetings. Regular Meetings shall be held on the
third (3rd) Monday of each month and shall be held at the City Council Chambers,
911 Winscott Road, Benbrook, Texas 76126, unless otherwise determined by the
Board of Directors. A meeting for the election of officers and the transaction of
other business shall be held on the third (3rd) Monday in January of each year, unless
changed by the Board of Directors. All meetings shall be called and held in
accordance with the Texas Open Meetings Act, Chapter 551, Texas Government
Code, as amended.
3.04 Special Meetings. Special Meetings of the Board of Directors may be called
by the President or upon the written request of two Directors, on four (4) business
days’ notice prior to the meeting, or as otherwise required by the Texas Open
Meetings Act, with notice delivered to each Director, either by hand-delivery, U.S.
mail, or electronic communication.
3.05 Quorum. A majority of the Board of Directors, including vacancies, shall
constitute a quorum for the transaction of business. An affirmative vote of the
majority of those present shall be required for the passage of any resolution; or
Board of Directors' action giving direction to the Staff.
3.06 Board Business. The agenda for meetings of the Board of Directors shall be
prepared by the Staff with input from the Directors.
3.07 Presiding Officer. At all meetings of the Board of Directors, the President,
or in the President's absence, the Vice President, or in the absence of both of these
officers another Director, selected by those present, shall preside. The Secretary of
the Corporation shall sit as secretary at all meetings. In case of the Secretary's
absence, the presiding officer shall designate any person to act as Secretary.

3.08 Management. The property and business of the Corporation shall be
managed by the Board of Directors which may exercise all powers of the
Corporation under the provisions of the Texas Local Government Code Chapters
501, 502, 505, and the Texas Business Organization Code, Title 2, as applicable.

3.09 Additional Powers. In addition to the powers conferred by these Bylaws, the
Board of Directors may exercise all powers of the Corporation and do all lawful acts
and things that are not prohibited by statute, or these Bylaws, including, but not
limited to, the following powers:

1.

To purchase, or otherwise acquire for the Corporation, any property,
rights, or privileges which the Corporation is authorized to acquire, at
such price or consideration and generally on such terms and conditions
as they determine to be appropriate, and at their discretion to pay,
therefore, either wholly or partly, in money, notes, bonds, debentures,
or other securities or contracts of the Corporation as may be lawful.

2.

To sell or lease the real or personal property of the Corporation on such
terms as the Board of Directors may see fit and to execute all deeds,
leases and other conveyances or contracts that may be necessary for
carrying out the purposes of this Corporation.

3.10. Conflicts of Interest. In addition to the requirements otherwise imposed by
statute or other law, the Board of Directors and Staff shall be subject to the
procedures and duties of the conflict of interest provisions otherwise applicable to
the City and its officials and employees, including but not limited to Texas
Government Code chapter 573 (nepotism), Local Government Code chapter 171
(substantial interest conflicts), chapter 176 (conflicts disclosures), and common law
doctrines of incompatibility and dual office holding.
3.11 Authority to Contract for Staff and Administrative Services. The
Corporation has the authority, subject to the approval of the City, to enter into an
agreement or agreements for Staff support, administrative and financial
management services.

ARTICLE IV.
Officers
4.01 Compensation of Board of Directors. Directors shall not receive any
compensation for their services. Expenses incurred in the Corporation's business
may be reimbursed.

4.02 Executive Officers. The Executive Officers of the Corporation shall be a
President, Vice-President, and Secretary. The Board of Directors shall elect these
Officers from its Members during their January meeting, unless changed by the
Board of Directors. Appointments to fill officer vacancies may be made throughout
the year to fill the remaining terms as needed. The Board may appoint such other
officers as they deem necessary, who shall have such authority, and shall perform
such duties as may be prescribed by the Board. The Board will make provisions for
City Staff to provide administrative support and oversight of the Corporation's
work.
4.03 Powers and Duties of the President. The President shall preside at all
meetings of the Board of Directors but shall have no regular administrative duties
other than signing such documents as the Board of Directors may require. The
President shall have all the rights, duties, and responsibilities of a Director including
the right to vote, but shall have no veto power.
4.04 Powers and Duties of the Vice-President. The Vice-President shall have
such powers and perform such duties as may be delegated to him or her by the
Board of Directors. In the absence or disability of the President, the Vice-President
may perform the duties and exercise the powers of the President.
4.05 Powers and Duties of the Secretary. The Secretary may sign with the
President, or Vice-President, in the name of the Corporation, all contracts and
instruments of conveyance authorized by the Board of Directors, and shall, in
general, perform all the duties incident to the office of Secretary, subject to the
control of the Board. Records of the Corporation shall be maintained and filed in
the office of the City Secretary.

ARTICLE V.
Corporate Seal
5.01 Corporate Seal. No corporate seal shall be required

ARTICLE VI.
Fiscal Year
6.01 Fiscal Year. The fiscal year of the Corporation shall begin on the first day of
October and terminate on the 30th day of September.

ARTICLE VII.
Miscellaneous
7.01 Notices and Waivers. Whenever, under the provisions of these Bylaws,
notice is required to be given to any Member of the Board of Directors, unless
otherwise provided, the notice may be given personally, by electronic
communication, or it may be given in writing by depositing it in the post office or
letter box in a postage paid envelope or postal card addressed to the Member at the
address as appears on the books of the Corporation, and the notice shall be deemed
to be given at the time when it is mailed. Whenever any notice to Directors is
required to be given by law, or by these Bylaws, a waiver in writing signed by the
person or persons entitled to the notice, whether before or after the time stated, shall
be deemed the equivalent of notice.
7.02 Requested Agenda Items. A Director may request items be added to the
meeting agendas; however, such requests shall be in writing, either by letter or
electronic communication. Such request shall be submitted by noon Monday
preceding the Board's meeting by one week but must be requested no later than noon
Monday prior to the Monday meeting, which would allow for the minimum three
(3) full business days’ agenda posting requirement. These Bylaws do not eliminate
the requirement to comply with the Open Meetings Act.
7.03 Negotiable Instruments. All checks, drafts, notes or other obligations of the
Corporation shall be signed by Officers or persons as authorized by the Board. All
checks require the signature of two (2) persons. In addition to persons who may be
authorized by the Board, the City Comptroller, City Budget Director, City Secretary,
and the Director of Economic Development are and shall be authorized persons
under this Section.
7.04 Resignations. Any Director or Officer may, at any time, resign. Resignations
shall be made in writing and shall take effect at the time specified in the resignation,
or, if no time be specified, at the time of its receipt by the President or the Secretary.
The acceptance of a resignation shall not be necessary to make it effective, unless
expressly so provided in the resignation.
7.05 Approval of the City Council. To the extent these Bylaws refer to any
approval or other action to be taken by the City, that approval or action shall be
evidenced by a certified copy of a resolution, ordinance, or motion duly adopted by
the City Council.

7.06 Organizational Control. The City Council, at its sole discretion, and at any
time, may alter or change the structure, organization or activities of the Corporation
(including the termination of the Corporation), subject to any limitation on the
impairment of contracts entered into by such Corporation. The foregoing,
notwithstanding, the City, at all times during which any indebtedness of the
Corporation, the interest on which is exempt from federal income taxation, remains
outstanding, will maintain a beneficial interest in the Corporation. All programs and
expenditures of the Corporation must be approved by the Benbrook City Council.
The City Council shall review any financial statements of the Corporation and, at all
times, will have access to the books and records of the Corporation. The Corporation
shall be subject, at all times, to the control of the Benbrook City Council under
whose auspices the Corporation was created.

ARTICLE VIII.
Provisions Regarding Bylaws
8.01 Effectiveness of Bylaws. These Bylaws shall become effective only upon the
occurrence of the following events:
1. the adoption of these Bylaws by the Board of Directors; and
2. the approval of these Bylaws by the City Council.
These Bylaws may be amended at any time, either by a majority vote of the Board
of Directors with approval of the City Council, or at the sole discretion of the City
Council.
8.02 Interpretation of Bylaws. These Bylaws shall be liberally construed to
effectuate their purposes. If any word, phrase, clause, sentence, paragraph, section
or other part of these Bylaws, or the application thereof to any person or
circumstances, shall ever be held to be invalid or unconstitutional by any court of
competent jurisdiction, the remainder of these Bylaws and the application of such
word, phrase, clause, sentence, paragraph, section or other part of these Bylaws to
any other person or circumstance shall not be affected thereby.

ARTICLE IX.
Dissolution of Corporation
9.01 Dissolution. Upon the dissolution of the Corporation after payment of all
obligations of the Corporation, all remaining assets of the Corporation shall be
transferred to the City of Benbrook, Texas.

I hereby certify that the foregoing Bylaws are the true and correct Amended and
Restated Bylaws of the Corporation, as adopted by the Benbrook Economic
Development Corporation on the 19th day of October, 2026.

BEDC President:_______________________________
BEDC Secretary:_______________________________
I hereby certify that the foregoing Bylaws are the true and correct Amended and
Restated Bylaws of the Corporation, as approved by the Benbrook City Council on
the 5th day of November, 2026.

City Secretary:_______________________________

Signed copy available at the
City of Benbrook Municipal Complex, 911 Winscott Rd., Benbrook, Tx
Benbrook Economic Development Corporation

City of Benbrook
CITY COUNCIL COMMUNICATION
DATE:

REFERENCE
NUMBER:

11/05/2026

PZ-2026-07

PAGE:
Ordinance rezoning 9.133 acres of land (Vista
Way Addition) to “HC-PD” Highway Corridor
Planned Development District allowing for the 1 of 4
potential development of an automotive fueling
station within the district through the Conditional
Use Permit process. [PUBLIC HEARING]
SUBJECT:

Project Name:

QuikTrip

Request Type:

Rezoning

Site Description:

Approximately 9.133 acres; Lots 1, 2, and 3, Block 1 Vista Way Addition

Location:

Northwest of the intersection of Benbrook Boulevard and I.H. 20/820

Current Zoning:

“HC” Highway Corridor District within the Benbrook Blvd Corridor Overlay District

Proposed Zoning:

“HC-PD” Highway Corridor Planned Development District within the Benbrook Blvd
Corridor Overlay District

Current FLUM:

General Commercial

Property Owner(s):

Presley Betts Management Trust
Tyler, TX

Applicant:

Daake Law – Heather Shankle
Celina, TX

Jerry Quicksall
Glen Rose, TX

SUMMARY
QuikTrip is requesting approval to rezone approximately 9.133 acres located at 8401, 8402, and 8411 Vista
Way from the “HC” Highway Corridor District to the “HC-PD” Highway Corridor Planned Development District.
Approval of the proposed Planned Development (PD) would:
• Retain the underlying “HC” Highway Corridor District regulations and Benbrook Boulevard Corridor
Overlay District regulations, except where specifically modified by the PD.
• Establish site-specific development standards providing additional flexibility for commercial
development, including modifications to building height, signage, and landscaping requirements.
• Allow an automotive fueling station to be developed on Lot 2 through a separately approved
Conditional Use Permit (CUP), notwithstanding the minimum separation requirement of the Overlay
District, without changing that requirement for other properties.
• Preserve the ability to develop the property with other permitted commercial uses if the proposed
QuikTrip development does not proceed.

SUBMITTED BY:

DISPOSITION BY COUNCIL:
 APPROVED
 OTHER (DESCRIBE)

PROCESSED BY:
CITY SECRETARY
DATE:

CITY MANAGER

DATE:

REFERENCE
NUMBER:

11/05/2026

PZ-2026-07

PAGE:
Ordinance rezoning 9.133 acres of land (Vista
Way Addition) to “HC-PD” Highway Corridor
Planned Development District allowing for the 2 of 4
potential development of an automotive fueling
station within the district through the Conditional
Use Permit process. [PUBLIC HEARING]
SUBJECT:

BACKGROUND
In March 2024, the City Council adopted Ordinance 1499, which amended the Benbrook Boulevard
Corridor Overlay District regulations to establish a minimum separation requirement for new
automotive fueling stations, requiring stations developed after its effective date to maintain at least
1,500 feet, measured between property lines, from the nearest existing automotive fueling station.
The nearest existing automotive fueling station is a 7-Eleven located approximately 1,100 feet away
on the south side of I-20. Because the proposed QuikTrip does not satisfy the 1,500-foot separation
requirement, it cannot be developed under the property's existing zoning regulations. The applicant is
therefore requesting a Planned Development (PD) rezoning that would allow an automotive fueling
station to be considered on Lot 2 through a separate Conditional Use Permit (CUP) process, without
modifying the separation requirement generally applicable to other properties within the Overlay
District.
PLANNING AND ZONING COMMISSION CONSIDERATION AND RECOMMENDATION
At its October 8, 2026 public hearing, the Planning and Zoning Commission evaluated the proposed
PD's consistency with the Comprehensive Plan, including the property's General Commercial
designation on the Future Land Use Map. The Plan recognizes the need for flexibility in applying
development standards to accommodate unique site characteristics, including the property's proximity
to the Interstate 20 interchange, surrounding roadway configuration, and topography. Although the
proposed automotive fueling station is within 1,500 feet of an existing station, Interstate 20 and its
associated right-of-way provide substantial physical separation between the properties, distinguishing
this location from other commercial properties along Benbrook Boulevard.
The Commission also approved a separate Conditional Use Permit (CUP) for the proposed automotive
fueling station on Lot 2, as depicted on the concept site plan. Its consideration included the site layout,
compatibility with surrounding development, and QuikTrip's broader services beyond automotive
fueling, including convenience retail, prepared food and beverage offerings, expanded refrigerated
and frozen food selections, and potential outdoor seating. The CUP approval is subject to conditions
and the adoption and effectiveness of the PD rezoning by the City Council.
The Commission voted 8-0 to recommend approval of the PD rezoning, subject to staff's
recommended modifications, which are reflected in the attached Ordinance (Attachment 5).
RECOMMENDED MOTION
Move to adopt Ordinance 1526, as presented.
ATTACHMENTS
1.
2.
3.
4.
5.

Location Map
Zoning Map
Future Land Use Map (FLUM)
Conceptual Site Plan
Proposed Ordinance 1526

DATE:

PAGE:
Ordinance rezoning 9.133 acres of land (Vista
Way Addition) to “HC-PD” Highway Corridor
Planned Development District allowing for the 3 of 4
potential development of an automotive fueling
station within the district through the Conditional
Use Permit process. [PUBLIC HEARING]

REFERENCE
NUMBER:

11/05/2026

SUBJECT:

PZ-2026-07

UNAPPROVED MINUTES
OF THE MEETING OF THE CITY OF BENBROOK
PLANNING AND ZONING COMMISSION
REGULAR MEETING
THURSDAY, OCTOBER 8, 2026
IV.

REPORTS OF CITY STAFF

B. Rezoning [PUBLIC HEARING]
1. PZ-2026-07 – A request to rezone approximately 9.133 acres of land, identified as Lots 1-3,
Block 1, Vista Way Addition, from “HC” Highway Corridor District to “HC-PD” Highway
Corridor Planned Development District. The property is generally located at the northwest
corner of the intersection of the SW Loop 820 Frontage Road and Benbrook Blvd (8401,
8402, and 8411 Vista Way).
Heather Shankle, Daake Law (322 W. Walnut St, Suite 210, Celina, TX) and Brandon Ostmeyer, QuikTrip
(8700 Freeport Pkwy, Suite 115, Irving, TX) addressed and answered questions from the Commission.
Mr. Howard presented the staff report and recommended the Commission move to affirm staff’s analysis
and approve the requests in accordance with the staff recommendation.
Mr. Howard answered questions from Commissioner Wallis, Commissioner Myers, Commissioner Ackall,
and Commissioner Marr. Topics included: the location of the proposed 85’ pylon sign; the change in
elevation compared to the adjacent subdivisions; visibility of the sign and the property; comparing other
nearby existing signs and their heights; and clarifying the proposed language allowing two digital monument
signs on a property; and discussing the conditional use permit aspect of the request.
The Chair opened the public comment portion of the agenda item.
Jerry Quicksall (2514 County Road 302, Glen Rose, TX) spoke in favor of the rezoning request.
The Chair closed the public comment portion of the agenda item.
The Commission discussed the agenda item. Commissioner Wallis expressed his concern about the height
of the proposed pylon sign, noting the potential visibility to the nearest residential subdivisions and setting
precedence for signs in the area. He also acknowledged that the baseline regulations were too restrictive
and agreed that additional height was needed but questioned what that height allowance should be.
Commissioner Ackall commented that, as a resident, she was not concerned with the height of the sign due
to elevation changes and distances between the proposed development and Team Ranch neighborhoods.
The Chair called for a motion.
Motion by Commissioner Ackall to affirm staff’s analysis and approve the requests in accordance with the
Staff Recommendation. Seconded by Commissioner Myers.
The Chair called the question.

DATE:

11/05/2026

REFERENCE
NUMBER:

PZ-2026-07

PAGE:
Ordinance rezoning 9.133 acres of land (Vista
Way Addition) to “HC-PD” Highway Corridor
Planned Development District allowing for the 4 of 4
potential development of an automotive fueling
station within the district through the Conditional
Use Permit process. [PUBLIC HEARING]
SUBJECT:

Vote on the motion:
Ayes:
Mr. Myers, Dr. Ackall, Mr. Marino, Mr. Anderson, Mr. Wallis, Ms. Adams, Mr. Harville, and Mr.
Marr
Noes:

None

Abstain:

None

Motion carried: 8 – 0 – 0

Attachment 1

Location Map

PZ-2026-07

"HC" - Highway Corridor District

Attachment 2 - Zoning Map

Attachment 3 - Future Land Use Map

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PROJECT NO.: 2016-37

IH-820 and US 377
Benbrook, Texas

SHEET NUMBER:

SITE PLAN - OVERALL

SHEET TITLE:

REVIEWED BY:

DRAWN BY:

DESIGNED BY:

VERSION: 001

DIVISION:

PROTOTYPE: P-125 (02/25/26)

© COPYRIGHT QUIKTRIP CORPORATION 2011
ANY UNAUTHORIZED USE, REPRODUCTION,
PUBLICATION, DISTRIBUTION, OR SALE IN
WHOLE OR IN PART, IS STRICTLY FORBIDDEN.

(INST. No. D221314943)

1880
QuikTrip No.

3

ORIGINAL ISSUE DATE:

LOT 3, BLOCK 1
VISTA WAY ADDITION
(INST. No. D222043131)

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Attachment 5

ORDINANCE NO. 1526

AN ORDINANCE AMENDING TITLE 17 – ZONING OF THE BENBROOK
MUNICIPAL CODE (1985), AS AMENDED; REZONING CERTAIN PROPERTY
FROM “HC” HIGHWAY CORRIDOR DISTRICT TO “HC-PD” HIGHWAY
CORRIDOR PLANNED DEVELOPMENT DISTRICT; ESTABLISHING
PLANNED DEVELOPMENT REGULATIONS; PROVIDING FOR THE
CONTINUED APPLICABILITY OF THE BENBROOK BOULEVARD CORRIDOR
OVERLAY DISTRICT, EXCEPT AS SPECIFICALLY MODIFIED; PROVIDING A
CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN PAMPHLET FORM; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Benbrook is a home rule city acting under its own 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, Chapter 211 of the Local Government Code authorizes municipalities to regulate
land use, structures, businesses, and related activities within their corporate limits for the purpose
of promoting the public health, safety, and general welfare of the community; and
WHEREAS, the City has previously adopted zoning regulations as Title 17 of the Benbrook
Municipal Code (1985), as amended; and
WHEREAS, the subject property is currently zoned “HC” Highway Corridor District and is located
within the Benbrook Boulevard Corridor Overlay District; and
WHEREAS, Ordinance No. 1499 established a minimum separation distance of one thousand
five hundred (1,500) feet between Automotive Fueling Stations, and the proposed Automotive
Fueling Station does not satisfy this requirement under the existing zoning regulations; and
WHEREAS, the proposed Planned Development District would allow an Automotive Fueling
Station to be considered through a separate Conditional Use Permit (CUP), subject to Chapter
17.80 of the Benbrook Zoning Ordinance, without modifying the separation requirement generally
applicable within the Benbrook Boulevard Corridor Overlay District; and
WHEREAS, the City Council finds that the proposed Planned Development District is consistent
with the goals and objectives of the City's Comprehensive Plan by providing for commercial
development in an area designated for such uses while establishing site-specific development
standards to promote orderly development and compatibility with surrounding properties; and
WHEREAS, the proposed Planned Development District is intended to establish site-specific
development regulations while retaining the underlying “HC” Highway Corridor District regulations
and the Benbrook Boulevard Corridor Overlay District requirements, except as expressly modified
by this ordinance; and
WHEREAS, the Planning and Zoning Commission of the City of Benbrook, Texas, conducted a
public hearing on October 8, 2026, and the City Council conducted a public hearing on November
5, 2026, regarding rezoning application PZ-2026-07; and

1

Attachment 5
WHEREAS, the Planning and Zoning Commission, after notice and public hearing as required by
law, considered the proposed rezoning and recommended approval by a vote of 8-0; and
WHEREAS, the City Council has given published notice and held a public hearing with respect to
the proposed amendment to the Zoning Ordinance as required by law; and
WHEREAS, the City Council, after considering the recommendation of the Planning and Zoning
Commission, finds that the proposed rezoning is appropriate, promotes the public health, safety,
and general welfare of the City, and should be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BENBROOK, TEXAS:
SECTION 1
ZONE CHANGE
That Title 17 – Zoning of the Benbrook Municipal Code (1985), as amended, is hereby amended
to change the zoning classification of all of Lots 1, 2, and 3, Block 1, Vista Way Addition, an
addition to the City of Benbrook, Tarrant County, Texas, according to the plat recorded under
Instrument No. D222043131 of the Official Public Records of Tarrant County, Texas, from “HC”
Highway Corridor District to “HC-PD” Highway Corridor Planned Development District, subject to
the development regulations established in Section 4 of this ordinance.
The property shall remain within and subject to the regulations of the Benbrook Boulevard
Corridor Overlay District, as established in Chapter 17.79 of the Benbrook Zoning Ordinance,
except as specifically modified by the Planned Development regulations established in Section 4
of this ordinance.
SECTION 2
PURPOSE
The zoning district change established by this ordinance is in accordance with the Comprehensive
Plan of the City of Benbrook and is intended to promote the health, safety, morals, and general
welfare of the community. The Planned Development District establishes site-specific
development regulations recognizing the unique characteristics of the property, including its
proximity to the Interstate 20 interchange, surrounding roadway configuration, and topographical
conditions, while providing for orderly commercial development compatible with surrounding
properties.
The zoning district change has been made after public hearings and with reasonable
consideration of the character of the area, the suitability of the property for the proposed uses,
the conservation of property values, and the most appropriate use of land.
SECTION 3
MAP CHANGE
The City Manager is hereby directed to cause the official zoning map to reflect the change in
classification approved in this ordinance.

2

Attachment 5

SECTION 4
PLANNED DEVELOPMENT REGULATIONS

I.

General Planned Development Regulations.
A. Base Zoning District. Except as specifically modified by this Planned Development
District (PD), the property shall be subject to the regulations of the “HC” Highway
Corridor District contained in Chapter 17.66 and all other applicable provisions of the
Benbrook Zoning Ordinance.
B. Benbrook Boulevard Corridor Overlay District. The property shall remain within and
subject to the regulations of the Benbrook Boulevard Corridor Overlay District contained
in Chapter 17.79 of the Benbrook Zoning Ordinance, except where specifically modified
by this PD.
C. Development of Property. The property may be developed in accordance with the
proposed lot configuration depicted on the Concept Site Plan attached as Exhibit A,
subject to compliance with the City's subdivision regulations.
D. Final Site Plan and Landscape Plan Review. Final site plans and landscape plans shall
be subject to administrative review and approval by City staff. Any administrative
determination may be appealed to the Planning and Zoning Commission.
II. Planned Development Modifications, Limitations, and Additional Regulations.
A. Building Height. Buildings shall not exceed four (4) stories or sixty-five (65) feet in height.
Non-occupiable architectural projections may extend up to twenty (20) feet above the
maximum permitted building height.
B. Sign Regulations. Signs within the PD shall comply with Chapter 17.92 of the Benbrook
Zoning Ordinance, except as specifically modified below.
1. Pylon Signs.
a. One (1) pylon sign shall be permitted on any lot fronting Interstate 20.
b. The pylon sign shall not exceed eighty-five (85) feet in height or one hundred
eighty (180) square feet in sign area.
c. Electronic Changeable Copy. Electronic changeable copy shall be permitted on a
pylon sign associated with an Automotive Fueling Station with a convenience
store approved through a Conditional Use Permit pursuant to Section II.C of
these PD regulations, not exceeding fifty-five (55) square feet in sign area.
d. The sign face shall be contained entirely between two columns or supports
permanently affixed to the ground.
e. The pylon sign shall be set back no less than twenty (20) feet from any property
line.
f. The pylon sign shall substantially conform to the architectural design, materials,
support structure, and overall appearance depicted in the Pylon Sign Detail
attached as Exhibit B to this ordinance. The numerical standards established by
this PD shall control.
g. Any pylon sign subject to TxDOT jurisdiction shall comply with applicable TxDOT
requirements and obtain all required permits or approvals prior to installation.
2. Monument Signs.
a. A maximum of two (2) monument signs shall be permitted on each lot within the
PD.
b. Monument signs shall not exceed one hundred twenty (120) square feet in sign
area, ten (10) feet in height, or twelve (12) feet in width.
3

Attachment 5

c. Monument signs shall be set back a minimum of five (5) feet from the property
line.
d. Electronic changeable copy shall be permitted, provided that electronic
changeable copy is limited to one (1) monument sign per street frontage.
C. Additional Conditional Use. An Automotive Fueling Station may be considered on Lot 2,
as depicted on the Concept Site Plan attached as Exhibit A, through approval of a
Conditional Use Permit (CUP). Approval of a CUP shall be required before an
Automotive Fueling Station may be established within the PD. Any Automotive Fueling
Station approved through the CUP process shall comply with the applicable
requirements of Chapter 17.80, except as specifically modified or supplemented by this
PD.
1. Additional Regulations Applicable to an Automotive Fueling Station. The following
regulations shall apply to an Automotive Fueling Station approved through a
Conditional Use Permit.
a. Building and Use Regulations. Accessory uses associated with the convenience
store may include made-to-order and prepared meals, specialty and fountain
beverages, refrigerated and frozen food products, and convenience retail sales.
b. Outdoor Seating. Outdoor seating may be provided along the perimeter of the
building.
c. Landscaping. Development of an Automotive Fueling Station on Lot 2 shall
comply with the landscaping requirements of Chapter 17.98 of the Benbrook
Zoning Ordinance, except as specifically modified by the following provisions:
i. Landscape Buffers, as follows:
(1) A minimum twenty-foot (20') landscape buffer shall be provided along
street frontages.
(2) A minimum ten-foot (10') landscape buffer shall be provided along interior
lot lines.
(3) Where a utility easement greater than fifteen (15) feet in width runs
parallel to a public right-of-way, required landscape elements that cannot
be located within the easement may be clustered within landscape
islands, provided that the required planting quantities are satisfied.
ii. Driveways. Driveways may cross required landscape buffers to provide
vehicular access to adjoining streets.
iii. Landscape Buffer Planting Requirements. For each one hundred (100) linear
feet of street frontage, excluding driveways, the following landscaping shall
be provided:
(1) One (1) large tree with a minimum three-inch (3") caliper measured four
and one-half (4.5) feet above ground level.
(2) Two (2) small ornamental trees with a minimum two-inch (2") caliper.
(3) Eight (8) evergreen shrubs. Landscaping adjacent to public rights-of-way
shall not exceed two (2) feet in mature height unless otherwise approved
by the City. Shrubs may be grouped to provide variety in design.
iv. Parking Lot Landscaping.
(1) All rows of parking spaces shall terminate at each end in a curbed
landscaped island containing at least one (1) large canopy tree with a
minimum three-inch (3") caliper. In unique circumstances, alternative
4

Attachment 5
materials such as crushed granite, river rock, or pavers may be approved
by the Planning Director or designee.
(2) Landscape islands shall be approximately 11.5' wide x 16.5' long but may
be minimally reduced to facilitate traffic radii.
(3) Landscape islands shall be provided at intervals not exceeding twelve
(12) parking spaces, unless an alternative arrangement is approved on
the landscape plan to preserve existing trees or natural features or to
accommodate unique site conditions. All applicable minimum parking lot
landscape area requirements shall be satisfied.
v. Plant Materials. Plant materials shall be from the City's approved plant list.
Plant materials should generally be selected based on their ability to flourish
in the North Texas climate. Plant materials and ground cover with high heat
tolerance and lower water consumption characteristics, or xeriscape, are
desirable.
vi. Landscaping Irrigation. Landscaping irrigation, where required, shall be of a
low-water design where possible, including drip irrigation where applicable.
SECTION 5
CUMULATIVE CLAUSE
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of
Benbrook, Texas (1985), as amended, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances and such Code, in which event the conflicting
provisions of such ordinances and such Code are hereby repealed.
SECTION 6
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,
paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the
same would have been enacted by the City Council without the incorporation in this ordinance of
any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 7
PENALTY CLAUSE
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with
or who resists the enforcement of any of the provisions of this ordinance shall be fined not more
than Two Thousand Dollars ($2,000.00) for all violations involving zoning, fire safety or public
health and sanitation, including dumping of refuse, and shall be fined not more than Five Hundred
Dollars ($500.00) for all other violations of this ordinance. Each day that a violation is permitted
to exist shall constitute a separate offense.
SECTION 8
SAVINGS CLAUSE
All rights and remedies of the City of Benbrook are expressly saved as to any and all violations of
the provisions of the Benbrook Municipal Code (1985), as amended, or any ordinances regulating
platting or Zoning which have accrued at the time of the effective date of this ordinance; and, as
5

Attachment 5
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 9
PUBLICATION IN PAMPHLET FORM
The City Secretary of the City of Benbrook is hereby authorized to publish this ordinance in book
or pamphlet form for general distribution among the public, and the operative provisions of this
ordinance as so published shall be admissible in evidence in all courts without further proof than
the production thereof, as provided in Section 3.10 of the Charter of the City of Benbrook.
SECTION 10
ENGROSSMENT AND ENROLLMENT
The City Secretary of the City of Benbrook is hereby directed to engross and enroll the ordinance
by copying the caption, penalty clause, and effective date clause of this ordinance in the minutes
of the City Council and by filing the ordinance in the ordinance records of the City.
SECTION 11
PUBLICATION IN OFFICIAL NEWSPAPER
The City Secretary of the City of Benbrook is hereby directed to publish the caption, penalty
clause, publication clause and effective date clause of this ordinance for two (2) days in the official
newspaper of the City of Benbrook, as authorized by Section 52.013 of the Local Government
Code.
SECTION 12
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and it is so ordained.
PASSED AND APPROVED this 5th day of November, 2026.
_____________________________
Jason Ward, Mayor
ATTESTED BY:
______________________
Beth Fischer, City Secretary

6

Attachment 5
EXHIBIT A – Conceptual Site Plan

7

Attachment 5
EXHIBIT B – Pylon Sign Detail

8

City of Benbrook
CITY COUNCIL COMMUNICATION
DATE:

REFERENCE
NUMBER:

11/05/26

G-2769

SUBJECT:

PAGE:

Finance Report for period ending
September 30, 2026

1 of 2

The September 30, 2026, monthly finance report represents the unaudited 2025-26 fiscal year end
statement. Adjustments (including accruals) will be made by the auditors and staff when the Annual
Comprehensive Financial Report (ACFR) is prepared.
GENERAL FUND
General Fund revenues for the month of September, the twelfth month of the fiscal year, were
$677,145. Major revenues collected for the month include Property taxes of $44,326, Franchise
taxes of $37,416, Permits of $30,087, Fines and Forfeitures of $33,619, Charges for Services of
$59,505, and Interest of $65,537. Sales tax collected and recognized as revenue in September was
$406,655. Fiscal year to date sales tax is $5,006,700, an increase of 6.7% compared to last year at
this time. A separate summary of sales tax revenue collections is provided for comparative
purposes. General Fund revenues collected through the end of September were $27,439,350 and
103.4% of the budget.
General Fund expenditures for the month of September were $1,927,083. Fiscal year to date
expenditures were $26,425,832 and 97.3% of the adopted budget.
Total General Fund revenues of $27,439,350 were more than total General Fund expenditures of
$26,425,832 by $1,013,518.
DEBT SERVICE
Debt Service revenues for the month of September totaled $3,332 and were all from property tax.
There were no expenditures in September. The next debt service payments are due February 1,
2027.
ECONOMIC DEVELOPMENT CORPORATION (EDC)
EDC revenues for September were $222,018. EDC expenditures for September were $36,678.
Revenues exceeded expenditures by $185,340.
CAPITAL PROJECTS
Revenues received for September were $116,864 from stormwater utility fees, mineral lease
revenue, and interest earnings. Expenditures for the Capital Projects Fund were $36,405 for
September. September expenditures included the Plantation West Drainage and the Dutch Branch
Park Infrastructure Improvement project. Revenues exceeded expenditures by $80,459. Sufficient
SUBMITTED BY:

DISPOSITION BY COUNCIL:
 APPROVED
 OTHER (DESCRIBE)

PROCESSED BY:
CITY SECRETARY
DATE:

CITY MANAGER

DATE:

REFERENCE
NUMBER:

11/05/26

G-2769

SUBJECT:

PAGE:

Finance Report for period ending
September 30, 2026

2 of 2

funds are available in the current fund balances of the Capital Projects Fund. This fund operates on
a project basis rather than a specific fiscal year.
CASH & INVESTMENTS
On September 30, 2026, the City had $34,257,671 invested at varying interest rates; the EDC had
$7,980,033 available.
RECOMMENDATION
Staff recommends that the City Council accept the finance report for the period ending September
30, 2026.

General Fund
Revenue Trend Comparison

30,000,000

25,000,000

20,000,000

15,000,000

10,000,000

5,000,000

-

2024-25

OCT
455,683

NOV
1,828,640

DEC
7,768,737

JAN
5,348,760

FEB
3,491,678

MAR
2,219,024

APR
1,231,922

MAY
1,103,364

JUNE
913,642

JULY
1,077,590

AUG
1,181,054

SEPT
806,141

2025-26

683,010

1,745,366

8,086,281

5,118,087

4,238,258

1,841,687

1,214,730

887,109

913,478

1,187,595

846,606

677,145

YTD 2024-25

455,683

2,284,323 10,053,060 15,401,820 18,893,498 21,112,522 22,344,444 23,447,807 24,361,449 25,439,039 26,620,093 27,426,234

YTD 2025-26

683,010

2,428,376 10,514,656 15,632,744 19,871,002 21,712,688 22,927,418 23,814,527 24,728,004 25,915,600 26,762,205 27,439,350

% Increase 2024-25 to 2025-26

49.89%

6.31%

4.59%

1.50%

5.17%

2.84%

2.61%

1.56%

1.50%

1.87%

0.53%

0.05%

General Fund
Expenditure Trend Comparison
30,000,000

25,000,000

20,000,000

15,000,000

10,000,000

5,000,000

2024-25

OCT
1,983,152

NOV
2,030,664

DEC
2,439,187

JAN
2,471,791

FEB
1,761,568

MAR
2,240,213

APRIL
1,771,005

MAY
1,526,220

JUNE
2,358,817

JULY
4,248,496

AUG
1,680,095

SEPT
1,705,282

2025-26

2,223,484

1,780,505

2,281,013

YTD 2024-25

1,983,152

4,013,816

6,453,003

2,401,841

2,492,404

2,908,522

1,959,227

1,681,774

1,864,602

2,382,279

2,523,099

1,927,083

8,924,795

10,686,363 12,926,576 14,697,581 16,223,802 18,582,619 22,831,114 24,511,209 26,216,492

YTD 2025-26

2,223,484

4,003,989

% Increase 2024-25 to 2025-26

12.12%

-0.24%

6,285,001

8,686,842

11,179,246 14,087,768 16,046,995 17,728,769 19,593,370 21,975,649 24,498,748 26,425,832

-2.60%

-2.67%

4.61%

8.98%

9.18%

9.28%

5.44%

-3.75%

-0.05%

0.80%

City of Benbrook
Sales Tax Analysis
September 30, 2026
Fiscal Year
2010-11

Fiscal YTD
$

2,318,281

October
$

212,494

November

December

$

$

161,967

160,492

January
$

199,141

February
$

190,084

March
$

143,760

April
$

245,116

May
$

223,000

June
$

181,216

July
$

229,160

August
$

Annual
Total

September

196,711

$

175,140

$

2,318,281

2011-12

2,319,841

218,564

161,430

186,638

251,517

168,551

171,053

236,986

178,165

188,604

218,557

178,708

161,070

2,319,841

2012-13

2,277,131

215,752

184,452

181,368

222,555

170,084

174,164

201,241

164,765

202,525

211,491

178,411

170,324

2,277,131

2013-14

2,285,899

215,869

177,403

161,342

234,503

154,780

155,432

229,367

176,980

175,792

217,955

199,305

187,172

2,285,899

2014-15

2,277,446

215,101

207,526

173,580

236,852

149,782

162,730

219,751

181,230

163,667

213,300

189,185

164,742

2,277,446

2015-16

2,181,609

216,144

177,560

175,150

202,909

149,580

153,523

222,661

158,987

177,732

210,000

154,708

182,656

2,181,609

2016-17

2,297,243

204,261

175,885

172,554

240,121

171,805

163,151

226,550

184,775

200,138

206,455

175,522

176,026

2,297,243

2017-18

2,404,224

218,480

168,272

178,150

230,346

169,346

147,291

240,071

197,667

204,243

245,717

244,494

160,148

2,404,224

2018-19

2,845,995

259,437

224,991

216,094

264,926

205,387

193,520

261,099

227,863

235,611

250,363

253,206

253,500

2,845,995

2019-20

3,308,900

303,508

251,579

243,434

318,986

241,710

315,310

304,877

268,174

264,380

304,404

242,843

249,696

3,308,900

2020-21

3,359,068

301,658

251,886

256,790

358,452

232,781

210,428

351,076

275,930

245,557

323,619

271,753

279,139

3,359,068

2021-22

3,828,029

335,246

280,571

294,726

376,366

275,285

208,543

352,480

327,969

331,827

412,553

313,457

319,004

3,828,029

2022-23

4,435,038

401,802

325,338

346,056

410,235

299,633

299,964

464,363

342,724

384,136

441,871

473,664

245,253

4,435,038

2023-24

4,627,107

644,036

341,866

354,041

426,203

308,527

332,929

435,927

376,416

343,225

391,423

340,711

331,803

4,627,107

2024-25

4,694,297

383,971

358,769

355,133

496,384

337,896

303,356

509,524

375,708

420,664

444,586

362,035

346,272

4,694,297

2025-26

5,006,700

303,059

397,086

362,768

623,700

353,085

365,532

489,406

395,290

395,844

494,294

419,983

406,655

5,006,700

Fiscal Years

% Change

2010-11 to 2011-12

0.1%

2011-12 to 2012-13

-1.8%

2012-13 to 2013-14

0.4%

2013-14 to 2014-15

-0.4%

2014-15 to 2015-16

-4.4%

2015-16 to 2016-17

5.3%

2016-17 to 2017-18

4.7%

2017-18 to 2018-19

18.4%

2018-19 to 2019-20

16.3%

2019-20 to 2020-21

1.5%

2020-21 to 2021-22

14.0%

2021-22 to 2022-23

15.9%

2022-23 to 2023-24

4.3%

2023-24 to 2024-25

1.5%

2024-25 to 2025-26

6.7%

Sales Tax Revenue
Fiscal Year to Date
as of September 30, 2026
$6,100,000

$5,100,000

$4,100,000

$3,100,000

$2,100,000

$1,100,000

$100,000
2010-11 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26

Budget 2025-26 $

4,500,000

Projected 2025-26

4,700,000

Variance from Budget $

200,000

City of Benbrook
CITY COUNCIL COMMUNICATION
DATE:

REFERENCE
NUMBER:

11/5/26

G-2770

SUBJECT:

PAGE:

Quarterly Investment Report for period ending
1 of 1
September 30, 2026

The Public Funds Investment Act (PFIA), Texas Government Code and the City’s Investment Policy
require that an Investment Report be presented to City Council.
The Investment Committee met on October 22, 2026, to review the report and ensure compliance
with the City’s investment policy. A copy of the Investment Report is attached, and highlights are
presented below.
•
•
•

The total portfolio for the City and EDC on September 30, 2026 is $42,237,704, with 81.1%
or $34,257,671 belonging to the City, and 18.9% or $7,980,033 to the EDC.
33.4% of the combined portfolio is in bank accounts, with 58.4% in local government
investment pools, and 8.2% in certificates of deposit.
The weighted average maturity on the combined portfolio is 20 days with a 2.86% average
yield to maturity. In comparison, the 90-day T-Bill benchmark rate is 4.20%.

The City’s yield decreased from the prior quarter because of more of the portfolio in lower yielding
bank accounts. Market interest rates have begun to rise, so the yield on the portfolio should begin
to increase.
RECOMMENDATION
Staff recommends that the City Council accept the Investment Report for the quarter ending
September 30, 2026.

SUBMITTED BY:

DISPOSITION BY COUNCIL:
 APPROVED
 OTHER (DESCRIBE)

PROCESSED BY:
CITY SECRETARY
DATE:

CITY MANAGER

City of Benbrook
CITY COUNCIL COMMUNICATION
DATE:

REFERENCE
NUMBER:

11/05/26

G-2771

SUBJECT:

PAGE:

Administrative Regulation F-5 – Investment
1 of 1
Policy

Section 2256.005 (e) of the Public Funds Investment Act requires the governing body of an investing
entity to adopt a written instrument by rule, order, ordinance, or resolution stating that it has reviewed
the investment policy, investment strategies and broker/dealers; and record any changes. The City
of Benbrook’s Investment Policy was first adopted by the Benbrook City Council in 1988. The
Investment Policy is included in the Finance Section of the City’s Administrative Regulations, F-5.
The Investment Policy was last reviewed by City Council in November 2025, as per State Law.
The Finance Department has reviewed the Investment Policy to ensure compliance with State Law
and with the Public Funds Investment Act.
Pursuant to this review, the Finance Department has determined no changes are necessary to the
policy and strategies. In addition, there were no changes to the approved list of broker/dealers.
A copy of the Investment Policy is provided.
Staff has prepared a Resolution stating that Benbrook City Council has reviewed the City’s
Investment Policy.
RECOMMENDATION
Staff recommends that the City Council adopt the Resolution stating that the City Council has
reviewed and accepts Administrative Regulation F-5, the City of Benbrook’s Investment Policy.

SUBMITTED BY:

DISPOSITION BY COUNCIL:
 APPROVED
 OTHER (DESCRIBE)

PROCESSED BY:
CITY SECRETARY
DATE:

CITY MANAGER

City of Benbrook, Texas

Investment Policy
and
Strategy Statement

1|Page

City of Benbrook
Investment Policy
ARTICLE I
PURPOSE AND NEED FOR POLICY
Chapter 2256 of the Government Code, as amended from time to time by the Texas State
Legislature ("Public Funds Investment Act"), requires each city to adopt rules governing its
investment practices and to define the authority of the investment official. The Investment
Policy addresses the methods, procedures, and practices which must be exercised to ensure
effective and prudent fiscal management of the City of Benbrook funds.
ARTICLE II
SCOPE
The Investment Policy applies to the investment and management of all funds under direct
authority of the City of Benbrook.
A. These funds are accounted for in the City's Comprehensive Annual Financial Report
(CAFR) and include the following:
1) General Fund;
2) Special Revenue Funds;
3) Capital Project Funds;
4) Debt Service Funds, including reserves and sinking funds to the extent not required
by law or existing contract to be kept segregated and managed separately;
5) Economic Development Corporation; and,
6) Any new fund created by the City unless specifically exempted from this policy by the
City or by law.
This investment policy shall apply to all transactions involving the financial assets
and related activity of all the foregoing funds.
B. This policy excludes:
1) Employee Retirement and Pension Funds administered or sponsored by the City.
2) Defeased bond funds held in trust escrow accounts.
C. Review and Amendment
The City Council is required by state statute and by this investment policy to review this

2|Page

investment policy and investment strategies not less than annually and to adopt a
resolution or an ordinance stating the review has been completed and recording any
changes made to either the policy or strategy statements.
ARTICLE III
PRUDENCE
Investments shall be made with judgment and care, under prevailing circumstances, that a
person of prudence, discretion, and intelligence would exercise in the management of the
person’s own affairs, not for speculation, but for investment, considering the probable safety of
capital and the probable income to be derived.
In determining whether an investment official has exercised prudence with respect to an
investment decision, the determination shall be made taking into consideration:
1) the investment of all funds, or funds under the entity’s control, over which the officer
had responsibility rather than a consideration as to the prudence of a single
investment; and,
2) whether the investment decision was consistent with the written investment policy
of the City.
All participants in the investment program will seek to act responsibly as custodians of the public
trust. Investment officials will avoid any transaction that might impair public confidence in the
City’s ability to govern effectively. Investment officials shall recognize that the investment
portfolio is subject to public review and evaluation. The overall program shall be designed and
managed with a degree of professionalism which is worthy of the public trust. Nevertheless, the
City recognizes that in a marketable, diversified portfolio, occasional measured losses are
inevitable and must be considered within the context of the overall portfolio's investment rate
of return.
Investment officials, acting in accordance with written procedures and exercising due diligence,
shall not be held personally responsible for market price changes, provided that these deviations
from expectations are reported immediately to the Finance Director, the City Manager, and the
City Council of the City of Benbrook, and that appropriate action is taken by the investment
officials and their oversight managers to control adverse developments.

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ARTICLE IV
OBJECTIVES
A. Preservation and Safety of Principal
Preservation of capital is the foremost objective of the City. Each investment transaction
shall seek first to ensure that capital losses are avoided, whether the loss occurs from the
default of a security or from erosion of market value.
B. Liquidity
The City's investment portfolio will remain sufficiently liquid to enable the City to meet
all operating requirements which can be reasonably anticipated. Liquidity will be
achieved by matching investment maturities with forecasted cash flow requirements and
by investing in securities with active secondary markets.
C. Diversification
The City shall diversify its portfolio to eliminate the risk of loss resulting from over
concentration of assets in a specific maturity, a specific issuer or a specific class of
investments. Investment shall always be selected that provide for stability of income and
reasonable liquidity.
D. Yield
The investment portfolio of the City shall be designed to meet or exceed the average rate
of return on 90-day U.S. treasury bills throughout budgetary and economic cycles, taking
into account the City’s investment risk constraints and the cash flow characteristics of the
portfolio. Legal constraints on debt proceeds that are not exempt from federal arbitrage
regulations are limited to the arbitrage yield of the debt obligation. Investment officials
will seek to maximize the yield of these funds in the same manner as all other City funds.
However, if the yield achieved by the City is higher than the arbitrage yield, positive
arbitrage income will be averaged over a five-year period, netted against any negative
arbitrage income and the net amount shall be rebated to the federal government as
required by federal regulations.
ARTICLE V
RESPONSIBILITY AND CONTROL
A. Delegation
Management responsibility to establish written procedures for the operation of the
investment program consistent with this investment policy has been assigned to the

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Finance Director by the City Manager. The Finance Director may delegate this
responsibility to the Accountant in the Finance Department. Such procedures shall
include explicit delegation of authority to persons responsible for the daily cash
management operation, the execution of investment transactions, overall portfolio
management, and investment reporting. The Finance Director may delegate the daily
investment responsibilities to either an internal investment official or an external
investment advisor in combination with an internal investment official. The Finance
Director and/or his representative(s) will be limited by conformance with all federal
regulations, ordinances, and the statements of investment strategy.
B. Subordinates
All persons involved in investment activities shall be referred to as "Investment Officials."
No person shall engage in an investment transaction except as provided under the terms
of this policy, the procedures approved by the Finance Director and the explicit
authorization by the City Manager to withdraw, transfer, deposit, and invest the City's
funds. The City Council, by resolution, has authorized the City Manager to appoint these
individuals. The Finance Director and an Accountant in the Finance Department, if
applicable, shall be responsible for all transactions undertaken, and shall establish a
system of controls to regulate the activities of subordinate Investment Officials.
C. Internal Controls
Internal controls shall be designed to prevent losses of public funds arising from fraud,
employee error, misrepresentation by third parties, unanticipated changes in financial
markets, or imprudent actions by investment officials. Controls deemed most important
would include: control of collusion, separation of duties, third-party custodial
safekeeping, avoidance of bearer-form securities, clear delegation of authority, specific
limitations regarding securities losses and remedial action, written confirmation of
telephone transactions, minimization of the number of authorized investment officials,
and documentation of and rationale for investment transactions.
In conjunction with the annual independent audit, a compliance audit of management
controls on investments and adherence to the Investment Policy and the Investment
Strategy shall be performed by the City's independent auditor.
D. Ethics and Conflicts of Interest
An investment officer of the City who has a personal business relationship with a business
organization offering to engage in an investment transaction with the City shall file a
statement disclosing that personal business interest. An investment officer who is related

5|Page

within the second degree of affinity or consanguinity to an individual seeking to sell an
investment to the City shall file a statement disclosing that relationship with the Texas
Ethics Commission and the City Council. For purposes of this section, an investment
officer has a personal business relationship with a business organization if:
1) the investment officer owns ten (10) percent or more of the voting stock or shares
of the business organization or owns $5,000 or more of the fair market value of
the business organization;
2) funds received by the investment officer from the business organization exceed
ten (10) percent of the investment officer’s gross income for the previous year; or,
3) the investment officer has acquired from the business organization, during the
previous year, investments with a book value of $2,500 or more for the personal
account of the investment officer.
Investment officials of the City shall refrain from personal and business activities involving
any of the City's custodians, depositories, broker/dealers, or investment advisors which
may influence the officer's ability to conduct his duties in an unbiased manner.
Investment officials will not utilize investment advice concerning specific securities or
classes of securities obtained in the transaction of the City's business for personal
investment decisions, will in all respects subordinate their personal investment
transactions to those of the City, particularly with regard to the timing of purchase and
sales, and will keep all investment advice obtained on behalf of the City and all
transactions contemplated and completed by the City confidential, except when
disclosure is required by law.
E. Investment Training Requirements
The Finance Director, the Accountant in the Finance Department and the Investment
officials shall attend at least one ten-hour training session relating to their investment
responsibilities within twelve (12) months after assuming their duties. In addition to this
ten-hour requirement, each investment officer shall receive not less than eight hours of
instruction pertaining to their investment responsibilities at least once during each twoyear period. The investment training session shall be provided by an independent source
approved by the investment committee. For purposes of this policy, an "independent
source" from which investment training shall be obtained shall include a professional
organization, an institute of higher learning, or any other sponsor other than a Business
Organization with whom the City of Benbrook may engage in an investment transaction.
Such training shall include education in investment controls, credit risk, market risk,
investment strategies, and compliance with investment laws, including the Texas State
Public Funds Investment Act. A list will be maintained of the number of hours and

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conferences attended for each investment official and a report of such information will
be provided to the Investment Committee.
ARTICLE VI
AUTHORIZED INVESTMENTS
A. Obligations, including letters of credit, of the United States or its agencies and
instrumentalities.
B. Direct obligations of the State of Texas or its agencies and instrumentalities.
C. Other obligations, the principal and interest of which are unconditionally guaranteed
or insured by the State of Texas, or the United States or its instrumentalities.
D. Obligations of states, agencies, cities, and other political subdivisions of any state rated
as to investment quality by a nationally recognized investment rating firm not less than "A"
or its equivalent.
E. Joint Investment Pools of political subdivisions in the State of Texas which invest in
instruments and follow practices allowed by current law. A pool must be continuously
rated no lower than AAA or AAA-m or at an equivalent rating by at least one nationally
recognized rating service.
F. Certificates of Deposit issued by a depository institution that has its main office or branch
office in Texas:
1) and such Certificates of Deposit are:
a) Guaranteed or insured by the Federal Deposit Insurance Corporation (FDIC) or
the National Credit Union Share Insurance Fund (NCUSIF) or their successors; or,
b) Secured by obligations described in Article VI, sections A through D above.
2) or such depository institution contractually agrees to place the funds in federally
insured depository institutions in accordance with the conditions prescribed in
Section 2256.010(b) of the Government Code (Public Funds Investment Act) as
amended.
G. Certificates of Deposit purchased through an approved broker/dealer:
1. From a bank branch within the United States; and
2. amounts purchased must be under the FDIC limit of $250,000; and
3. require 3 competitive bids.

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H. Fully collateralized repurchase or reverse repurchase agreements, including flexible
repurchase agreements (flex repo), with a defined termination date secured by
obligations of the United States or its agencies and instrumentalities pledged to the City
held in the City's name by a third party selected by the City. Repurchase agreements
must be purchased through a primary government securities dealer, as defined by the
Federal Reserve, or a financial institution doing business in Texas. The securities received
for repurchase agreements must have a market value greater than or equal to 102
percent at the time funds are disbursed. All transactions shall be governed by a Master
Repurchase Agreement between the City and the primary government securities dealer
or financial institution initiating Repurchase Agreement transactions.
The term of any reverse security repurchase agreement may not exceed 90 days after the
date the reverse security repurchase agreement is delivered. Money received under the
terms of a reverse security repurchase agreement shall be used to acquire additional
authorized investments, but the term of the authorized investments acquired must
mature not later than the expiration date stated in the reverse security repurchase
agreement.
I. No-load money market mutual funds if the mutual fund:
1) is registered with and regulated by the Securities and Exchange Commission;
2) has a dollar-weighted average stated maturity of 90 days or fewer; and,
3) includes in its investment objectives the maintenance of a stable net asset value of
one dollar for each share.
J. Investment instruments not authorized for purchase by the City of Benbrook include
the following:
1) Banker's Acceptances;
2) "Bond" Mutual Funds;
3) Collateralized Mortgage Obligations of any type; and,
4) Commercial Paper, except that the City can invest in local government investment
pools and money market mutual funds that have commercial paper as authorized
investments. A local government investment pool or money market mutual fund that
invests in commercial paper must meet the requirements of Article VI, Sections E and
H above.
K. If an investment in the City’s portfolio becomes an unauthorized investment due to
changes in the Investment Policy or the Public Funds Investment Act, or an authorized
investment is rated in a way that causes it to become an unauthorized investment, the

8|Page

investment officials of the City shall review the investment and determine whether it
would be more prudent to hold the investment until its maturity, or to redeem the
investment. Officials shall consider the time remaining until maturity of the investment,
the quality of the investment, and the quality and amounts of any collateral which may
be securing the investment in determining the appropriate steps to take.
ARTICLE VII
PORTFOLIO AND INVESTMENT ASSET PARAMETERS
A. Bidding Process for Investments
It is the policy of the City to require competitive bidding for all investment transactions
(securities and bank C.D.s) except for:
1) transactions with money market mutual funds and local government investment
pools (which are deemed to be made at prevailing market rates); and,
2) treasury and agency securities purchased at issue through an approved
broker/dealer. At least three bids or offers must be solicited for all other investment
transactions. In a situation where the exact security being offered is not offered by
other dealers, offers on the closest comparable investment may be used to establish
a fair market price of the security. Security swaps are allowed as long as maturity
extensions, credit quality changes, and profits or losses taken are within the other
guidelines set forth in this policy.
B. Maximum Maturities
The City of Benbrook will manage its investments to meet anticipated cash flow
requirements. Unless matched to a specific cash flow, the City will not directly invest in
securities maturing more than five years from the date of purchase.
C. Maximum Dollar-Weighted Average Maturity
Under most market conditions, the composite portfolio will be managed to achieve a oneyear or less dollar-weighted average maturity. However, under certain market conditions
investment officials may need to shorten or lengthen the average life or duration of
the portfolio to protect the City. The maximum dollar-weighted average maturity based
on the stated final maturity, authorized by this investment policy for the composite
portfolio of the City, shall be three years.
D. Diversification
The allocation of assets in the portfolios should be flexible depending upon the outlook
for the economy and the securities markets. In establishing specific diversification

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strategies, the following general policies and constraints shall apply.
1) Portfolio maturities and call dates shall be staggered in a way that avoids undue
concentration of assets in a specific sector. Maturities shall be selected which provide
for stability of income and reasonable liquidity.
2) To attain sufficient liquidity, the City shall schedule the maturity of its investments to
coincide with known disbursements. Risk of market price volatility shall be controlled
through maturity diversification such that aggregate realized price losses on
instruments with maturities exceeding one year shall not be greater than coupon
interest and investment income received from the balance of the portfolio.
3) The following maximum limits, by instrument, are established for the City’s total
portfolio:
• U.S Treasury Notes/Bills ................................................................. 100%
• U.S. Government Agencies and Instrumentalities .......................... 100%
• U.S. Treasury and U.S. Agency Callables ........................................... 25%
• Certificates of Deposit ...................................................................... 50%
• Repurchase Agreements (See D. (4) below) ...................................... 25%
• Money Market Mutual Funds (See D.(5) below) ............................. 100%
• Local Government Investment Pools (See D.(5) below) .................. 100%
• State of Texas Obligations and Agencies .......................................... 25%
• Obligations of states, agencies, cities, and
other political subdivisions of any state . .......................................... 25%
4) The City shall not invest more than 25% of the investment portfolio in repurchase
agreements, excluding bond proceeds and reserves.
5) The City shall not invest more than 20% of the investment portfolio in any individual
money market mutual fund or government investment pool.
6) The investment committee shall review diversification strategies and establish or
confirm guidelines on at least an annual basis regarding the percentages of the total
portfolio that may be invested in securities other than U.S. Government Obligations.
The investment committee shall review quarterly investment reports and evaluate
the probability of market and default risk in various investment sectors as part of its
consideration.
ARTICLE VIII
AUTHORIZED BROKER/DEALERS AND FINANCIAL INSTITUTIONS
A. Investment officials will maintain a list of financial institutions and broker/dealers
selected by credit worthiness, who are authorized to provide investment services to the
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City. These firms may include:
1) all primary government securities dealers; and,
2) those regional broker/dealers who qualify under Securities and Exchange
Commission Rule 15C3-l (uniform net capital rule), and who meet other financial
credit criteria standards in the industry.
The investment officials may select up to six firms from the approved list to conduct a
portion of the daily City investment business. These firms will be selected based on their
competitiveness, participation in agency selling groups and the experience and
background of the salesperson handling the account. The approved broker/dealer list will
be reviewed and approved along with this investment policy at least annually by the
investment committee.
B. All financial institutions and broker/dealers who desire to become qualified bidders for
investment transactions must supply the investment officials with the following:
1) Audited financial statements;
2) Proof of National Association of Securities Dealers (N.A.S.D.) certification, unless it is
a bank;
3) Resumes of all sales representatives who will represent the financial institution or
broker/dealer firm in dealings with the City; and,
4) An executed written instrument, by the qualified representative, in a form acceptable
to the City and the business organization substantially to the effect that the business
organization has received and reviewed the investment policy of the City and
acknowledges that the business organization has implemented reasonable
procedures and controls in an effort to preclude investment transactions conducted
between the City and the organization that are not authorized by the City's
investment policy, except to the extent that this authorization is dependent on an
analysis of the makeup of the City's entire portfolio or requires an interpretation of
subjective investment standards.
ARTICLE IX
SAFEKEEPING AND CUSTODY OF INVESTMENT ASSETS
All security transactions, including collateral for repurchase agreements entered into by the City
shall be conducted using the delivery versus payment (DVP) basis. That is, funds shall not be wired
or paid until verification has been made that the correct security was received by the safekeeping
bank. The only exceptions to DVP settlement shall be wire transactions for money market funds
and government investment pools. The safekeeping or custody bank is responsible for matching

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up instructions from the City’s investment officials on an investment settlement with what is
wired from the broker/dealer, prior to releasing the City's designated funds for a given purchase.
The security shall be held in the name of the City or held on behalf of the City in a bank nominee
name. Securities will be held by a third party custodian designated by the investment officials
and evidenced by safekeeping receipts or statements. The safekeeping bank’s records shall
assure the notation of the City's ownership of or explicit claim on the securities. The original copy
of all safekeeping receipts shall be delivered to the City. A safekeeping agreement must be in
place which clearly defines the responsibilities of the safekeeping bank.
ARTICLE X
COLLATERAL
The City's depository bank shall comply with Chapter 2257 of the Government Code, Collateral
for Public Funds, as required in the City's bank depository contract.
A. Market Value
The Market Value of pledged Collateral must be equal to or greater than 103% of the
principal and accrued interest for cash balances in excess of the Federal Deposit Insurance
Corporation (FDIC) or National Credit Union Share Insurance Fund (NCUSIF) insurance
coverage. The Federal Reserve Bank and the Federal Home Loan Bank are designated as
custodial agents for collateral. An authorized City representative will approve and release
all pledged collateral. The securities comprising the collateral will be marked-to market
on a monthly basis using quotes by a recognized market pricing service quoted on the
valuation date, and the City will be sent reports monthly.
B. Collateral Substitution
Collateralized investments often require substitution of collateral. The Safekeeping bank
must contact the City for approval and settlement. The substitution will be approved if
its value is equal to or greater than the required collateral value.
C. Collateral Reduction
Should the collateral's market value exceed the required amount, the Safekeeping bank
may request approval from the City to reduce Collateral. Collateral reductions may be
permitted only if the collateral's market value exceeds the required amount.
D. Letters of Credit
Letters of Credit, as defined in Article VI (A), are acceptable collateral for Certificates of
Deposit. Upon the discretion of the City, a Letter of Credit can be acceptable collateral

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for City funds held by the City's bank depository.
ARTICLE XI
INVESTMENT REPORTS
A. Reporting Requirements
The investment officials shall prepare a quarterly investment report in compliance with
section 2256.023 of the Public Funds Investment Act of the State of Texas. The report
shall be submitted to the City Council and the Investment Committee within 45 days
following the end of the quarter.
B. Investment Records
An investment official designated by the Finance Director shall be responsible for the
recording of investment transactions and the maintenance of the investment records
with reconciliation of the accounting records and of investments carried out by the City’s
Accountant.
Information to maintain the investment program and the reporting requirements,
including pricing or marking to market the portfolio, may be derived from various sources
such as: broker/dealer research reports, newspapers, financial on-line market quotes,
direct communication with broker/dealers, market pricing services, investment software
for maintenance of portfolio records, spreadsheet software, or external financial
consulting services relating to investments.
C. Auditor Review
The City’s independent external auditor must formally review the quarterly investment
reports annually to insure compliance with the State of Texas Public Funds Investment
Act and any other applicable State Statutes.
ARTICLE XII
INVESTMENT COMMITTEE
A. Members
An Investment Committee, consisting of the City Manager or his designee, the Finance
Director, the Deputy City Manager, and an appointed investment official, shall review the
City's investment strategies and monitor the results of the investment program at least
one time each quarter. This review can be done by reviewing the quarterly written reports
and by holding committee meetings as necessary. The committee will be authorized to

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invite other advisors to attend meetings as needed.
B. Scope
The Investment Committee shall include in its deliberations such topics as economic
outlook, investment strategies, portfolio diversification, maturity structure, potential risk
to the City's funds, evaluation and authorization of broker/dealers, rate of return on the
investment portfolio, review and approval of training providers, and compliance with the
investment policy. The Investment Committee will also advise the City Council of any
future amendments to the investment policy that are deemed necessary or
recommended.
C. Procedures
The committee should meet at least annually to discuss the investment program and
policies.
ARTICLE XIII
INVESTMENT STRATEGY STATEMENTS
The City of Benbrook portfolio will be structured to benefit from anticipated market conditions
and to achieve a reasonable return. Relative value among asset groups shall be analyzed and
pursued as part of the investment program within the restrictions set forth by the investment
policy.
The City of Benbrook maintains portfolios which utilize four specific investment strategy
considerations designed to address the unique characteristics of the fund groups represented in
the portfolios.
A. Operating Funds
Suitability - All investments authorized in the Investment Policy are suitable for Operating
Funds.
Preservation and Safety of Principal - All investments shall be high-quality securities with
no perceived default risk.
Liquidity - Investment strategies for the pooled operating funds have as their primary
objective to assure that anticipated cash flows are matched with adequate investment
liquidity. The dollar-weighted average maturity of operating funds, based on the stated
final maturity date of each security, will be calculated and limited to one year or less.
Constant $1 Net Asset Value (NAV) investment pools and money market mutual funds
shall be an integral component in maintaining daily liquidity. Investments for these funds

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shall not exceed an 18-month period from date of purchase.
Marketability - Securities with active and efficient secondary markets will be purchased
in the event of an unanticipated cash requirement.
Diversification - Maturities shall be staggered throughout the budget cycle to provide cash
flows based on anticipated needs. Investment risks will be reduced through diversification
among authorized investments.
Yield - The City’s objective is to attain a competitive market yield for comparable
securities and portfolio constraints. The benchmark for Operating Funds shall be the 91day Treasury bill.
B. Reserve and Deposit Funds
Suitability - All investments authorized in the Investment Policy are suitable for Reserve
and Deposit Funds.
Preservation and Safety of Principal - All investments shall be high-quality securities with
no perceived default risk.
Liquidity - Investment strategies for reserve and deposit funds shall have as the primary
objective the ability to generate a dependable revenue stream to the appropriate reserve
fund from investments with a low degree of volatility. Except as may be required by the
bond ordinance specific to an individual issue, investments should be of high-quality, with
short-to-intermediate-term maturities. The dollar-weighted average maturity of reserve
and deposit funds, based on the stated final maturity date of each security, will be
calculated and limited to three years or less.
Marketability - Securities with active and efficient secondary markets will be purchased
in the event of an unanticipated cash requirement.
Diversification - Maturities shall be staggered throughout the budget cycle to provide cash
flows based on anticipated needs. Investment risks will be reduced through
diversification among authorized investments.
Yield - The City's objective is to attain a competitive market yield for comparable securities
and portfolio constraints. The benchmark for Reserve and Deposit Funds shall be the 91day Treasury bill.
C. Bond and Certificate Capital Project Funds and Special Purpose Funds
Suitability - All investments authorized in the Investment Policy are suitable for Bond and
Certificate Capital Project Funds and Special Purpose Funds.
Preservation and Safety of Principal - All investments shall be high-quality securities with
no perceived default risk.
Liquidity - Investment strategies for bond and certificate capital project funds, special
projects, and special purpose funds portfolios will have as their primary objective to

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assure that anticipated cash flows are matched with adequate investment liquidity. The
stated final maturity dates of investments held should not exceed the estimated project
completion date or a maturity of no greater than five years. The dollar-weighted average
maturity of bond and certificate capital project funds and special purpose funds, based
on the stated final maturity date of each security, will be calculated and limited to three
years or less.
Marketability - Securities with active and efficient secondary markets will be purchased
in the event of an unanticipated cash requirement.
Diversification - Maturities shall be staggered throughout the budget cycle to provide cash
flows based on anticipated needs. Investment risks will be reduced through diversification
among authorized investments.
Yield - The City's objective is to attain a competitive market yield for comparable securities
and portfolio constraints. The benchmark for Bond and Certificate Capital Project Funds
and Special Purpose Funds shall be the 91-day Treasury bill. A secondary objective of
these funds is to achieve a yield equal to or greater than the arbitrage yield of the
applicable bond or certificate.
D. Debt Service Funds
Suitability - All investments authorized in the Investment Policy are suitable for Debt
Service Funds.
Preservation and Safety of Principal - All investments shall be high quality securities with
no perceived default risk.
Liquidity - Investment strategies for debt service funds shall have as the primary objective
the assurance of investment liquidity adequate to cover the debt service obligation on
the required payment date. Securities purchased shall not have a stated final maturity
date which exceeds the debt service payment date. The dollar-weighted average maturity
of debt service funds, based on the stated final maturity date of each security, will be
calculated and limited to one year or less.
Marketability - Securities with active and efficient secondary markets will be purchased
in the event of an unanticipated cash requirement.
Diversification - Maturities shall be staggered throughout the budget cycle to provide cash
flows based on anticipated needs. Investment risks will be reduced through diversification
among authorized investments.
Yield - The City's objective is to attain a competitive market yield for comparable securities
and portfolio constraints. The benchmark for Debt Service Funds shall be the 91-day
Treasury bill.

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ATTACHMENT A
CERTIFICATION BY BUSINESS ORGANIZATION
This certification is executed on behalf of City of Benbrook (the Investor) and
_____________________________ (the Business Organization) pursuant to the Public
Funds Investment Act, Chapter 2256, Texas Government Code (the Act) in connection
with investment transactions conducted between the Investor and the Business
Organization.
The undersigned Qualified Representative of the Business Organization hereby certifies
on behalf of the Business Organization that:
1. The undersigned is a Qualified Representative of the Business Organization offering to
enter into an investment transaction with the Investor as such terms are used in the Public
Funds Investment Act, Chapter 2256, Texas Government Code and
2. The Qualified Representative of the Business Organization has received and reviewed the
Investment Policy furnished by the Investor and
3. The Qualified Representative of the Business Organization has implemented reasonable
procedures and controls in an effort to preclude imprudent investment transactions
conducted between the Business Organization and the Investor that are not authorized
by the entity’s investment policy, except to the extent that this authorization is
dependent on an analysis of the makeup of the entity’s entire portfolio or required an
interpretation of subjective investment standards.
4. The Business Organization will rely upon instructions from only the persons authorized
on behalf of the City of Benbrook as stated in the Investment Policy and City's resolution
designating investment officers.
Qualified Representative of the Business Organization
Signature: ____________________________________
Name: _______________________________________
Title: ________________________________________
Date: ____________________________________

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ATTACHMENT B
APPROVED/AUTHORIZED LIST OF BROKER/DEALERS
•
•
•
•

Cantor Fitzgerald
National Alliance Securities
Multi-Bank Securities, Inc.
Time Value Investments

Certificates of deposit may be purchased from Texas depository institutions, which are not on the
approved broker/list, as they are considered depository in nature. Certificates of deposit
purchased from brokerage firms, however, must be on the approved broker/dealer list as they fall
under the Public Funds Investment Act. All deposits over the FDIC limit must be collateralized.

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RESOLUTION NO. 2026-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENBROOK,
TEXAS STATING THAT THE CITY COUNCIL HAS REVIEWED THE
CITY’S WRITTEN INVESTMENT POLICY.

WHEREAS, Section 2256.005 (e) of the Public Funds Investment Act (the
“Act”) directs the governing body of an investing entity to adopt a written
instrument by rule, order, ordinance, or resolution stating that it has reviewed the
investment policy and investment strategies and record any changes; and
WHEREAS, the adoption of Resolution No. 2026-07 will satisfy this
requirement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BENBROOK, TEXAS:
SECTION 1.
The City Council of Benbrook has reviewed Administrative Regulation F-5,
which summarizes procedures relative to investing the financial assets of all City of
Benbrook funds.
SECTION 2.
This resolution shall be effective immediately upon adoption.
Approved this 5th day of November 2026.
__________________________
Jason Ward, Mayor

ATTEST:

______________________
Beth Fischer, City Secretary

City of Benbrook
CITY COUNCIL COMMUNICATION
DATE:

REFERENCE
NUMBER:

11/05/26

G-2772

SUBJECT:

PAGE:

Hotel/Motel Occupancy Tax Distributions for FY
2026-27

1 of 1

City Staff has compiled the following list for the FY 2026-27 Hotel/Motel Occupancy Tax budget
distributions.
Organization

Program

Description

City of Benbrook

Marketing and Promotion

Promotion of Benbrook

City of Benbrook

Heritage Fest

Festival for Benbrook

Amount
$

23,650

TOTAL REQUESTS

$

Required Advertising Budget

Statutory Requirement

TOTAL HMOT BUDGET

133,273

156,923
26,350

$

183,273

RECOMMENDATION
Staff recommends that the City Council approve the request as proposed for the Hotel/Motel
Occupancy Tax Budget for the 2026-27 fiscal year.

SUBMITTED BY:

DISPOSITION BY COUNCIL:
 APPROVED
 OTHER (DESCRIBE)

PROCESSED BY:
CITY SECRETARY
DATE:

CITY MANAGER

City of Benbrook
CITY COUNCIL COMMUNICATION
DATE:

REFERENCE
NUMBER:

11/05/26

G-2773

PAGE:
Ordinance amending Title 8, Health and Safety, of
the Benbrook Municipal Code, as amended, by
repealing and replacing Section 8.20.010.(B)(7) of 1 of 1
Chapter 8.20, Noise Pollution, in its entirety, to revise
regulations governing construction activities and
associated noise.
SUBJECT:

During the August 20, 2026, City Council work session, Council discussed the appropriateness of
the City’s existing construction noise regulations, including permitted days and hours. In response
to the discussion, staff has prepared amendments to Section 8.20.010.(B)(7) of the Benbrook
Municipal Code to clarify the distinction between noise generating construction activities and
activities that may occur outside permitted hours without creating a noise nuisance.
The proposed amendments define when workers may arrive at a construction site before permitted
hours and perform cleanup after hours, identifies activities that qualify as quiet work, and clarifies
guidelines for emergency construction activities outside of permitted hours. The amendments also
provide additional clarity regarding enforcement of construction noise restrictions.
The existing permitted construction days and hours will remain unchanged, including all current
restrictions applicable during standard time, daylight savings time, Sundays, and federal holidays.
The intent of the amendments is to provide clearer expectations for contractors, property owners,
residents, and City staff while continuing to protect neighboring properties from unreasonable
construction noise.
There is no anticipated fiscal impact associated with the proposed amendments.
Recommendation
Staff recommends that the City Council approve the ordinance amending to Section 8.20.010.(B)(7)
of the Benbrook Municipal Code regarding construction noise and permitted construction activities,
as presented.

SUBMITTED BY:

DISPOSITION BY COUNCIL:
 APPROVED
 OTHER (DESCRIBE)

PROCESSED BY:
CITY SECRETARY
DATE:

CITY MANAGER

ORDINANCE NO. 1527
AN ORDINANCE OF THE CITY OF BENBROOK, TEXAS, AMENDING
CHAPTER 8.20 – NOISE POLLUTION OF TITLE 8 – HEALTH AND SAFETY
OF THE BENBROOK MUNICIPAL CODE, AS AMENDED, BY DELETING
AND REPLACING SECTION 8.20.010.B.7 IN ITS ENTIRETY REGARDING
CONSTRUCTION, DEMOLITION, ALTERATION, AND REPAIR WORK;
ESTABLISHING PERMITTED HOURS FOR NOISE GENERATING
CONSTRUCTION ACTIVITIES; PROVIDING FOR EXCEPTIONS FOR
PUBLIC PROJECTS AND EMERGENCY WORK; AUTHORIZING CERTAIN
PREPARATORY, CLEANUP, AND QUIET WORK OUTSIDE PERMITTED
CONSTRUCTION HOURS; PROVIDING FOR A CUMULATIVE CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Benbrook 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 finds that reasonable restrictions on noise generating
construction activities are necessary to protect and preserve the peace and quiet of
neighboring residential properties; and
WHEREAS, the City Council further finds that reasonable preparatory, cleanup,
maintenance, and other quiet activities may be conducted outside of permitted
construction hours without creating an unreasonable disturbance, provided such activities
do not constitute a noise nuisance; and
WHEREAS, the City Council further finds that the regulations adopted herein are
necessary and appropriate to protect the public health, safety, and welfare through
enhanced enforcement of construction hours in the City, thereby improving the quality of
life for the City's residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BENBROOK, TEXAS:
SECTION 1
AMENDMENT REPLACING EXISTING PROVISIONS
That Section 8.20.010.B.7 of Chapter 8.20 – Noise Pollution of Title 8 – Health and
Safety of the Benbrook Municipal Code, as amended, is hereby amended to read as
follows:
7. Construction, demolition, alteration, and repair work.
a. Purpose. The purpose of this subsection is to protect residents from
unreasonable construction noise while allowing reasonable preparatory,

cleanup, and quiet construction activities that do not disturb neighboring
properties or create a noise nuisance.
b. Applicability. No person shall engage in, cause, or permit noise generating
construction work outside the days and hours permitted by subsection (c),
except as expressly authorized under subsections (e), (f), and (g). The use of
any tool, equipment, method, or means, and whether the work is performed
by a contractor, property owner, tenant, or any other person, shall not exempt
the activity from these requirements. Nothing in this subsection authorizes a
noise nuisance prohibited elsewhere in this chapter.
c. Construction hours. Noise generating construction activities, including but not
limited to excavation, grading, site preparation, and the erection, demolition,
alteration, or repair of any building, structure, or flatwork shall be permitted
only during the days and hours specified herein.
1. Construction other than public projects:
i. During Standard Time: Monday through Saturday, 7:00 a.m. to
6:00 p.m.
ii. During Daylight Saving Time: Monday through Saturday, 7:00
a.m. to 8:00 p.m.
iii. Sundays and federal holidays: prohibited.
2. Public projects, including qualifying subdivision infrastructure:
i. During Standard Time: Monday through Friday, 7:00 a.m. to
6:00 p.m.
ii. During Daylight Saving Time: Monday through Friday, 7:00 a.m.
to 8:00 p.m.
iii. Saturdays: 8:00 a.m. to 5:00 p.m., only upon a request
submitted at least forty-eight (48) hours in advance, subject to
the availability of a city inspector, payment of any applicable
additional inspection costs, and approval by the city engineer.
iv. Sundays and federal holidays: prohibited.
3. Exceptions to these limits are allowed only in cases of extreme and
urgent necessity in the interest of public safety and convenience, and
then only by permit obtained from, and issued by, the building official,
city engineer, or authorized designee.
d. Restrictions. The construction hour restrictions in subsection (c) apply to
noise generating construction activities, including hammering, pounding,
striking, drilling, sawing, cutting, sanding, grinding, equipment operation, and
any other activity that generates construction related noise, whether
performed manually, mechanically, or by any other means, subject to the
express provisions of subsections (e), (f), and (g).
e. Preparatory and cleanup activities.
1. Workers may arrive at a construction site before permitted construction
hours to park, prepare for the workday, conduct safety meetings,

review plans, and organize tools and materials, provided these
activities do not involve noise generating construction work or create a
noise nuisance.
2. After permitted construction hours, workers may perform quiet cleanup,
collect tools, pick up debris by hand, secure materials, and lock the
site, subject to the same limitations.
3. Preparatory and cleanup activities shall not include the operation of
construction equipment, powered tools, or machinery, or other
activities that constitute noise generating construction work. Such
activities shall not be used to commence, continue, or extend
construction work beyond the permitted hours.
f. Quiet work and activities.
1. Quiet work may be performed outside the permitted construction hours
specified in subsection (c), including on Sundays and federal holidays,
provided the work does not create a noise nuisance prohibited
elsewhere in this chapter. Quiet work includes activities such as
painting, electrical wiring, plumbing, installation or replacement of
appliances, water heaters and fixtures, and routine maintenance,
repairs, cleaning, and landscaping, provided the work is performed
without prohibited tools, equipment, or noise generating methods.
2. Quiet work shall not include hammering or the operation of tools,
machinery, or equipment that ordinarily produces substantial
construction related noise, including air compressors, nail guns, impact
tools, tractors, skid steers, excavators, loaders, compactors,
generators, grinders, powered saws, concrete mixers, pressure
washers, and similar noisy tools or equipment. This restriction applies
whether the work is performed indoors or outdoors.
3. Whether an activity qualifies as quiet work shall be determined by
considering the nature of the activity, the tools and equipment used,
the methods of operation, and the noise reasonably expected under
the circumstances. The use of hand tools or the location of the work
inside a building shall not, by itself, qualify an activity as quiet work.
g. Enforcement and exceptions.
1. The mere presence of workers, vehicles, tools, or equipment at a
construction site outside permitted hours shall not, by itself, constitute
a violation of this subsection. Noise generating construction work
performed outside permitted hours in violation of subsection (c)
constitutes a violation independently of whether the activity also
constitutes a noise nuisance prohibited elsewhere in this chapter.
2. An exception for emergency work necessary to address an immediate
threat to public safety, protect property from imminent harm, or prevent

an imminent threat to essential services may be authorized by the
building official, city engineer, or authorized designee. Advance
authorization shall be obtained when practicable. Any exception shall
be limited to the work reasonably necessary to address the emergency
and shall cease when the emergency no longer requires work outside
permitted hours. An exception shall not authorize unrelated
construction activities outside permitted hours.
3. When advance authorization is impracticable because of the
immediate nature of an emergency, the responsible person shall notify
the City as soon as reasonably practicable and provide information
regarding the emergency and the work performed upon request.
4. An exception under this subsection shall not be construed to authorize
a noise nuisance or waive any other applicable legal requirement.
SECTION 2
That all provisions of the ordinances of the City of Benbrook in conflict with the provisions
of this ordinance are, to the extent of such conflict, repealed.
SECTION 3
That all other provisions of the Benbrook Municipal Code, not included in this amendment,
shall remain in full force and effect, save and except for necessary modifications to the
“Table of Contents” affecting page numbering, and for necessary modifications to related
terminology or phrases that have been modified by this amendment that will affect a
similar modification to interrelated terminology and phrases cross-referenced in other
Chapters in the Municipal Code.
SECTION 4
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Benbrook, Texas (1985), as amended, except where the provisions of this
ordinance are in direct conflict with the provisions of such ordinances and such code, in
which event the conflicting provisions of such ordinances and such Code are hereby
repealed.
SECTION 5
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this Ordinance are severable, and if any phrase,
clause, sentence, paragraph or section of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs or sections of this Ordinance since the same would have been enacted by
the City Council without incorporation in this Ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.

SECTION 6
SAVINGS CLAUSE
All rights and remedies of the City of Benbrook, Texas, are expressly saved as to any and
all violations of the provisions of the Benbrook Municipal Code or any other ordinances
affecting the issuance of permits and the payment of fees which have accrued at the time
of the effective date of this Ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in 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 7
ENGROSSMENT AND ENROLLMENT
The City Secretary of the City of Benbrook is hereby directed to engross and enroll this
Ordinance by copying the caption, penalty clause, and effective date clause of this
Ordinance in the Ordinance records of the City.
SECTION 8
PUBLICATION IN PAMPHLET FORM
The City Secretary of the City of Benbrook is hereby authorized to publish this ordinance
in book or pamphlet form for general distribution among the public, and the operative
provisions of this ordinance as so published shall be admissible in evidence in all courts
without further proof than the production thereof, as provided in Section 3.10 of the
Charter of the City of Benbrook.
SECTION 9
PUBLICATION IN OFFICIAL NEWSPAPER
That the City Secretary is hereby directed to publish the caption, penalty clause,
publication clause and effective date clause of this Ordinance for two (2) days in the
official newspaper of the City of Benbrook, Texas, as authorized by Section 52.013 of the
Local Government Code.
SECTION 10
EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its passage and publication
as provided by law, and it is so ordained.
PASSED AND APPROVED this 5th day of November, 2026.
________________________________
Jason Ward, Mayor
ATTEST:
_______________________________
Beth Fischer, City Secretary

City of Benbrook
CITY COUNCIL COMMUNICATION
DATE:

REFERENCE
NUMBER:

11/05/2026

C-398

SUBJECT:

PAGE:

Contract with Tarrant County ESD No. 1 for Fire
and Emergency Medical Services

1 of 1

For over 20 years, Tarrant County Emergency Services District (ESD) No. 1 has contracted with
the Benbrook Fire Department to provide fire and emergency medical services (EMS) to portions of
unincorporated Tarrant County.
The ESD is building and staffing fire stations across the county and is currently operating a
temporary station in the Whiskey Flats area, south of Benbrook. As more fire stations come online
and services expand to include EMS, annual contracts are expected to transition toward mutual aid
agreements, similar to those in place with the Fort Wort Fire Department. However, staff
anticipates continuing contractual coverage for areas west of Benbrook event after full build out is
complete.
Key contract elements this year include:
•

The rates for the 26/27 ESD contract have moved to a flat fee based on the previous year's
call volume, paid quarterly.

•

The rate for fire response is $119,250 annually; quarterly payments are $29,813

•

The rate for EMS response is $320,250 annually; quarterly payments are $80,063

•

The City of Benbrook will also receive a one-time payment of $50,000 to offset the cost of
personal protective equipment.

•

The total value of the contract is $489,500

•

The City of Benbrook also retains the right to bill for EMS services provided in the county.

As is standard practice for Tarrant County, new contracts are not finalized until after the new fiscal
year has begun. The term of this contract is for one year, from October 1, 2026 to September 30,
2027.
Recommendation
Staff recommends that the City Council approve the proposed contract for fire and EMS services for the
assigned area of Tarrant County Emergency Services District No. 1 for fiscal year 2026-2027.

SUBMITTED BY:

DISPOSITION BY COUNCIL:
 APPROVED
 OTHER (DESCRIBE)

PROCESSED BY:
CITY SECRETARY
DATE:

CITY MANAGER

CONTRACT FOR PROVIDING FIRE
EXTINGUISHMENT AND
EMERGENCY SERVICES
WITH A MUNICIPALITY
THE STATE OF TEXAS
COUNTY OF TARRANT

§
§
§

This CONTRACT FOR PROVIDING FIRE EXTINGUISHMENT AND OTHER
EMERGENCY SERVICES hereinafter called “Contract,” effective as of the 1st day of
October, 2026 (“Effective Date”) is by and between the TARRANT COUNTY
EMERGENCY SERVICES DISTRICT NO. 1, hereinafter referred to as "the DISTRICT",
a political subdivision of the State of Texas duly organized and operating pursuant to the
provisions of Section 48-e, Article Ill of the Texas Constitution and Chapter 775, Texas
Health and Safety Code, and the CITY OF BENBROOK, hereinafter called "the CITY", a
Texas

☒ Home Rule municipality

☐ Type A General Law municipality duly organized

and operating under the laws of the State of Texas. The DISTRICT and the CITY may be
collectively referred to herein as the “parties,” or individually as a “party.”
Witnesseth:
WHEREAS, the DISTRICT is a duly organized emergency services district and a political
subdivision of the State of Texas created for the protection of life and property and to
provide emergency services, with the full authority to carry out the objects of its creation,
and to that end is authorized to enter into and perform any and all necessary contracts;
and
WHEREAS, the Emergency Services District Act, found at Chapter 775 of the Texas
Health and Safety Code (“the Act”) provides the DISTRICT with the authority to enter into
contracts with others, whereby fire extinguishment and other emergency services may be
made available to the DISTRICT, upon such terms as the governing body of the
DISTRICT and the entity provider such services shall determine; and
WHEREAS, the DISTRICT desires to secure fire extinguishment and other emergency
services from the CITY for a specified portion of the DISTRICT hereinafter referred to as
the “Service Area,”; and
WHEREAS, the CITY currently provides fire extinguishment and other emergency
services within its own jurisdiction and is willing and able to furnish services to the Service
Area at a level acceptable to the DISTRICT for the consideration hereinafter provided;
and

Tarrant County ESD #l - FY 2027 Municipal Contract

Page 1

WHEREAS, the DISTRICT has determined that it is in the best interest of the residents
and property owners of the DISTRICT for the DISTRICT to enter into this Contract with
the CITY; and
WHEREAS, the DISTRICT and the CITY each represent and warrant that each is in full
compliance with all local, federal, and state laws applicable to its operations.
NOW THEREFORE, for and in consideration of the premises and mutual covenants
hereinafter contained, the parties hereto agree with the others as follows:
ARTICLE I
DEFINITIONS
Section 1.01 Findings of Fact – The DISTRICT and the CITY find that the facts and
statements set forth in the preamble to this Contract are true and correct for all purposes.
Section 1.02 Definitions – The following terms shall have the respective meaning
assigned to them in this Article I wherever they are used in this Contract.
ACT – Means Chapter 775, Texas Health and Safety Code, Section, as amended.
BREACH OF CONTRACT – Means an act or circumstance by either party to this
Contract, which violates or results in non-compliance with this Contract or any provision
herein.
CITY – Means the CITY OF Benbrook, Texas, is a

☒ Home Rule municipality

☐

Type A General Law municipality
duly organized and existing under the laws of the State of Texas, and in full compliance
at all times with same.
CONTRACT – Means this Contract and any properly executed amendments or
supplements hereto.
CURRENT DISTRICT POLICIES – Means DISTRICT policies if any, in effect on the
Effective Date of this Contract.
DISTRICT – Means TARRANT COUNTY EMERGENCY SERVICES DISTRICT NO. 1, a
political subdivision of the State of Texas created and operating pursuant to Section 48e of Article Ill of the Texas Constitution and the Act, and in full compliance at all times with
same.
EMERGENCY MEDICAL SERVICES or EMS – means those activities required for and
related to providing service (including ambulance transport) as an “Emergency Medical
Services Provider” as defined by Chapter 773, Texas Health and Safety Code.

Tarrant County ESD #l - FY 2027 Municipal Contract

Page 2

EMERGENCY SERVICES – Means those EMS and/or Fire Services/First Responder;
and the CITY agrees to provide to the Service Area under the terms of this Contract. The
specific Emergency Services the CITY agrees to provide under this Contract are:

☒ Emergency Medical Service - EMS (Transport)

☒Fire Services/First Responder

FIRE EXTINGUISHMENT SERVICES OR FIRE SERVICES – Means those activities
which are required for and related to the control and extinguishment of fires.
FIRST RESPONDER – Means a group or association of certified emergency medical
services personnel that, working in cooperation with a licensed emergency medical
services provider, provides immediate on-scene care to ill or injured persons but does not
transport those persons as defined by Chapter 773, Texas Health and Safety Code.
SERVICE AREA – Means the geographic boundaries of a specific portion of the
DISTRICT within which the CITY agrees to provide Emergency Services, which is
described in Appendix A, attached hereto and incorporated herein for all purposes.
Section 1.03 Construction of Terms – If appropriate, in this Contract, words of the
singular number shall be considered to include plural, words of the plural shall be
considered to include the singular, and words of the masculine, feminine, and neutral
gender shall be considered to include other genders.
ARTICLE II
SERVICES TO BE PROVIDED
Section 2.01 General – During the term of this Contract, the CITY agrees to provide

☒ Emergency Medical Service - EMS (Transport)

☒Fire Services/First Responder

Emergency Services to the Service Area on a 24 hour per day seven days per week
basis.
Section 2.02 Licenses and Certifications – The CITY agrees that it is legally licensed
and certified to provide Emergency Services to the Service Area as called for by this
Contract. The CITY further agrees to renew and maintain said licenses and certifications
for the duration of this Contract.
Section 2.03 Dispatch Communications – The CITY agrees to utilize the Tarrant
County Regional Communications Center (“TCRCC”) for all dispatch and fire ground
communications subject to this Contract.
Section 2.04 Response Requirements
A.

Proper Response. For the purpose of this Section 2.04, a “Proper
Response” means a CITY response to a call for assistance for Emergency

Tarrant County ESD #l - FY 2027 Municipal Contract

Page 3

Services within the Service Area that meets the same parameters for
properly responding to a call for assistance for Emergency Services within
the CITY’s own jurisdiction.
B.

Minimum Response Requirement. The CITY agrees that at least 80% of
the calls for assistance for Emergency Services within the Service Area will
receive a Proper Response. (“Minimum Response Requirement”).

C.

Failure to Meet Minimum Response Requirement.
1. Good Faith Meeting. If the DISTRICT believes that the CITY has failed
to meet the Minimum Response Requirement for two (2) or more
consecutive months, the parties agree to meet, upon written request of
the DISTRICT, in good faith to review and discuss the response data
and circumstances relating to the DISTRICT’s determination.
2. Temporary Delay of Payment. If, after the meeting between the parties,
the DISTRICT believes that the issue is likely to be repeated, the
DISTRICT must notify the CITY in writing of its intent to temporarily delay
any payment that may be due to be paid to the CITY for the next sixty
(60) days to allow the CITY time to correct the issue to the DISTRICT’s
satisfaction.
3. Issue Corrected. At the conclusion of sixty (60) days, if the DISTRICT
determines that the issue has been corrected, the DISTRICT must
immediately release any payment that was temporarily withheld from the
CITY during the correction period.
4. Issue Not Corrected. If, at the conclusion of sixty (60) days, the
DISTRICT determines that the issue has not been corrected, the parties
may mutually agree, in writing signed by both parties, to extend the time
period for correction of the issue and must address whether the delay of
payment is extended as well.
5. Termination Rights Not Affected. Nothing in this section or any other
section of the Contract prohibits either party from exercising the right to
terminate this Contract, with or without cause, upon sixty (60) days’
written notice to the other party.

Section 2.05 Incident Reports and Other Information
A.

Incident Reports Required. As soon as practicable after the provision of
Emergency Services in the Service Area, the CITY shall complete a basic
incident report in the CITY’s Record Management System (“RMS”). Reports

Tarrant County ESD #l - FY 2027 Municipal Contract

Page 4

shall be a complete and accurate description of the actions taken by the
CITY’s personnel and shall include an appropriate narrative section.
B.

RMS Purchase Authorized. In the event that the CITY and the DISTRICT
do not already use the same RMS provider, the CITY and the DISTRICT
may agree that the DISTRICT will purchase a license for the DISTRICT’s
preferred RMS software for the CITY to use to document Emergency
Services provided under this Contract. The parties are not required to enter
into such agreement, and under no circumstances is the CITY required to
obtain or utilize the DISTRICT’s preferred RMS software.

C.

Other Report Requirement. The CITY agrees to participate in the National
Emergency Response Information System (“NERIS”).
ARTICLE III
EQUIPMENT, MAINTENANCE, AND OPERATION

Section 3.01 Maintenance and Operation – The parties hereto agree that during the
term of this Contract, the DISTRICT shall have no responsibility or liabilities whatsoever
for operating, maintaining, repairing, and ensuring any equipment by which Emergency
Services are provided by the CITY except as outlined in Appendix B, attached hereto,
entitled “Maintenance and Repair of DISTRICT-Owned Equipment.” Any other such
responsibilities belong solely to the CITY.
Section 3.02 ISO Rating – In order to accomplish a county-wide Insurance Services
Office (“ISO”) rating improvement, the CITY agrees that all of its apparatus are equipped
in accordance with the latest adopted version of National Fire Protection Association
(“NFPA”) 1901 and shall have in place a program to annually:
•
•

Test its full complement of hoses in accordance with NFPA 1961; and
Test its full complement of ground ladders in accordance with NFPA 1932;
and
•
Test the pumps of its Class A Engines in accordance with NFPA 1911.
•
Submit testing records to the DISTRICT upon request.
Section 3.03 Inspection of Equipment
A.

Right to Inspect. The DISTRICT has the right to inspect DISTRICT-owned
equipment and records related to maintenance of DISTRICT-owned
equipment, if any, in possession of the CITY upon reasonable request.

B.

Re-Inspection. In the event that the DISTRICT notifies the CITY in writing
that it has determined, based on an inspection made under this section, that
DISTRICT-owned equipment is not in operating condition based on the
NFPA standards described in Section 3.02, the CITY will authorize a re-

Tarrant County ESD #l - FY 2027 Municipal Contract

Page 5

inspection of such equipment by the DISTRICT to be conducted within
fifteen (15) days.
C.

Temporary Delay of Payment. In the event that the DISTRICT determines,
based on a re-inspection made under this section, that the DISTRICTowned equipment is still not in operating condition based on the NFPA
standards described in Section 3.02, the DISTRICT must notify the CITY in
writing of its intent to temporarily delay any payment that may be due to be
paid to the CITY for the next sixty (60) days to allow the CITY time to correct
the issue to the DISTRICT’s satisfaction.

D.

Issue Corrected. At the conclusion of sixty (60) days, if the DISTRICT
determines that the issue has been corrected, the DISTRICT must
immediately release any payment that was temporarily withheld from the
CITY during the correction period.

E.

Issue Not Corrected. If, at the conclusion of sixty (60) days, the DISTRICT
determines that the issue has not been corrected, the parties may mutually
agree, in writing signed by both parties, to extend the time period for
correction of the issue and must address whether the delay of payment is
extended as well.

F.

Termination Rights Not Affected. Nothing in this section or any other section
of the Contract prohibits either party from exercising the right to terminate
this Contract, with or without cause, upon sixty (60) days’ written notice to
the other party.

Section 3.04 Out of Service Apparatus and Equipment – The CITY shall notify TCRCC
when, for any reason, DISTRICT-owned equipment is out of service for more than twentyfour (24) continuous hours. When the DISTRICT-owned equipment is put back in service
the CITY will notify TCRCC of same.
ARTICLE IV
INSURANCE AND INDEMNIFICATION
Section 4.01 Workers' Compensation Coverage – The CITY shall maintain statutory
workers’ compensation coverage for its employees, officers and volunteers regarding
the CITY's performance under this contract. The CITY recognizes that the DISTRICT
has no responsibility to furnish this coverage and CITY waives any right to pursue the
DISTRICT for liability regarding payments for this coverage or for liability regarding
payments for claims filed against this coverage.

Section 4.02 Assignment of Liability – The CITY shall be responsible for any civil
liability or costs that may arise from the Emergency Services that the CITY provides
under this Contract. The parties agree pursuant to Section 791.006 (a-1) of the Texas

Tarrant County ESD #l - FY 2027 Municipal Contract

Page 6

Government Code that assignment of liability provided by this Contract is intended to be
different than liability otherwise assigned under Section 791.006 (a) of the Texas
Government Code, which provides that “the governmental unit that would have been
responsible for furnishing the services in the absence of the contract is responsible for
any civil liability that arises from the furnishing of those services.” The parties also agree
that pursuant to Section 775.0366 (e) of the Texas Health and Safety Code that
assignment of liability provided by this Contract is intended to be different than liability
otherwise assigned under Section 775.0366 (d), which provides that the “district is
responsible for any civil liability that arises from furnishing those services if the district
would have been responsible for furnishing the services in the absence of the contract.”
It is expressly understood and agreed, however, that in the execution of this Contract,
neither the CITY nor the DISTRICT waives, nor shall be deemed to waive, any immunity
or defenses that would otherwise be available to it against claims arising in the exercise
of governmental powers and functions, including the liability limits and immunities for a
governmental unit provided by the Texas Tort Claims Act, Chapter 101, Civil Practice
and Remedies Code, or other law.
Section 4.03 Line of Duty – When an employee or volunteer of the responding CITY is
performing duties under the terms of this Contract, that person is considered to be acting
in the line of duty for the CITY for the purposes of 32 U.S.C.A., Section 3796; is
considered to be in performance of duties for the CITY within the applicable provisions
of Chapter 615 of the Texas Government Code, and of Chapter 142, Texas Local
Government Code; and shall be entitled to any other benefits which accrue under law
as a result of injury, death, or loss which occurs while in the line of duty for the CITY
under this Contract. This section does not increase the DISTRICT’s liability under this
Contract.
ARTICLE V
PAYMENTS BY DISTRICT
Section 5.01 Fire Service/First Responder Compensation – the DISTRICT agrees to
pay the CITY a flat rate of $750 per call based on the previous year’s reported responses.
The total number of responses used to calculate the FY27 compensation amount includes
any adjusted response area changes and the projected call volume for FY27 to equal a
total compensated amount for the term of this Contract for Fire Services/First Responder
provided by the CITY in the Service Area. The DISTRICT will make equal quarterly
payments to the CITY based on the total sum of the contract.
# OF CALLS FOR SERVICE
159

TOTAL SUM TO BE PAID QUARTERLY PAYMENT
$119,250
$29,813

Section 5.02 EMS Compensation – If provided by the CITY under this Contract, the
DISTRICT agrees to pay the CITY a flat rate of $750 per call based on the previous year’s
reported responses. The total number of responses used to calculate the FY27
compensation amount includes any adjusted response area changes and the projected

Tarrant County ESD #l - FY 2027 Municipal Contract

Page 7

call volume for FY27 to equal a total compensated amount for the term of this Contract
for EMS services provided by the CITY in the Service Area. The DISTRICT will make
equal quarterly payments to the CITY based on the total sum.
# OF CALLS FOR SERVICE TOTAL SUM TO BE PAID QUARTERLY PAYMENT
427
$320,250
$80,063
Section 5.03 Additional Funding Details – In order to receive the payment due for each
quarter, the CITY will provide to the DISTRICT a monthly summary report of all incidents
responded to in the Service Area by the CITY. Additional details regarding the payment
schedule, and response expectations are included in Appendix C. All funds to be
provided hereunder shall be from current funds only.

Section 5.04 Initial Lump Sum Payment – In addition to the monetary amounts set forth
in Sections 5.01 and 5.02, and prior to the payment of any of the above-described
quarterly payments, the DISTRICT will pay the CITY a lump sum of twenty-five thousand
and 00/100 ($25,000.00) for a Fire Service/First Responder contract and/or twenty-five
thousand and 00/100 ($25,000.00) for an EMS contract if projected to transport over 100
patients to the hospital during the contracted period. This will be paid by October 31st of
the current fiscal year. This payment is intended to help offset the operational costs of the
CITY.

☒$25,000 for Fire Service/First Responder contract
☒$25,000 for EMS contract with a projection of over 100 patient transports
Section 5.05 Use of District Funds – Pursuant to Section 775.073, Texas Health &
Safety Code, and other applicable law, it is understood and agreed by the parties that any
funds allocated by the DISTRICT to the CITY are for maintenance and operation
expenses only in the provision of the Emergency Services set forth herein, and the CITY,
unless otherwise agreed to by the parties in writing, shall not use any DISTRICT allocated
funds for the purchase, lease, or acquisition of any real or personal property, and any real
or personal property of the CITY shall remain the sole property of the CITY, unless
DISTRICT allocated funds are used to purchase, lease, or otherwise acquire real or
personal property. The parties further agree that the DISTRICT does not have any
ownership interest in the real and personal property owned by the CITY, except for real
or personal property purchased with DISTRICT allocated funds. The DISTRICT’s
payments made to the CITY for services rendered under this Contract do not create an
ownership interest in the real and personal property of the CITY.
ARTICLE VI
ASSIGNMENT AND MODIFICATION
Section 6.01 Assignment – This Contract shall not be assignable by the CITY or the
DISTRICT in whole or in part without obtaining the prior written consent of the other party.

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Further, this Contract may be modified only upon the prior written consent of the parties.
In the event that either the CITY or the DISTRICT desires a change in the Service Area
or the scope of Emergency Services to be rendered hereunder, this Contract may be
amended and the payments may be adjusted accordingly but only upon the prior written
agreement of both parties. It is understood and agreed between the parties that the
DISTRICT may not expand the Service Area of the CITY without the CITY'S prior written
approval
ARTICLE VII
MISCELLANEOUS
Section 7.01 Compliance with Law – The CITY and DISTRICT shall observe and
comply with all local, state, and federal laws, rules, and regulations applicable to the
performance of obligations under this Contract.
Section 7.02 Term – This Contract shall be for a period of twelve (12) months
commencing on the 1st day of October of 2026 and ending at 12:00 midnight on
September 30, 2027. It is understood by THE CITY and DISTRICT that the DISTRICT
shall prepare a new contract so that it may be signed on or before September 30, 2026.
Section 7.03 Termination – Notwithstanding any other language or provision in this
Contract, either party may elect to terminate this Contract with or without cause upon 60
days’ written notice to the non-canceling party. In the event of termination, the DISTRICT
will pay a prorated share of the monies due for the remainder of that quarter only if the
CITY provides services as required in the Contract during the period of time leading up
to the termination date.
Section 7.04 Liaison – The CITY Manager, Administrator of Record (Sec 773.05711),
or designee shall be the liaison with the DISTRICT.
Section 7.05 Notices – All notices required or permitted to be sent hereunder shall be
deemed received three (3) days after the date sent by electronic mail, addressed to the
party at the electronic mail address set forth below, three (d) days after the date sent by
United States Mail, postage prepaid, certified mail, return receipt requested, addressed
to the party at the address set forth below, or on the day actually received if sent by courier
or otherwise hand-delivered to the following addresses:
If to the DISTRICT:
TARRANT COUNTY EMERGENCY SERVICES DISTRICT NO.1
ATTN: Executive Director Kirt Mays
4900 River Oaks Blvd.
River Oaks, TX 76114
Email: [email protected]

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With a copy to: [insert additional email address to ensure receipt if primary email
recipient is unavailable to respond or take action.]
If to the CITY:
CITY OF BENBROOK
ATTN:
(insert address)
Email:
With a copy to:
The DISTRICT or the CITY may, by notice hereunder, designate any further or different
address to which subsequent notices, certificates or other communications shall be sent.
Section 7.06 Binding Effect – This Contract shall insure to the benefit of and shall be
binding upon the DISTRICT and the CITY, and their respective successors and assigns.
Section 7.07 Severability – In the event any provision of this Contract shall be held
invalid or unenforceable by any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision thereof, unless the provision
invalidated should invalidate a material obligation of either party.
Section 7.08 Execution and Counterpart – This Contract may be simultaneously
executed in several counterparts, each of which shall be an original and all of which shall
constitute but one in the same instrument.
Section 7.09 Captions – The captions or heading in this Contract are for convenience
only and in no way define, limit or otherwise describe the scope or intent of any provision
or section of the Contract.
Section 7.10 Independent Contractor; Implied Rights; Conferring Rights – Nothing
in this Contract shall be construed as creating a partnership, association, or joint venture.
No party shall be deemed to control the other party. It is further agreed that in the
performance of all obligations undertaken by this Contract, the CITY is an independent
contractor with the right to supervise, manage, control, and direct the performance of
Emergency Services provided under this Contract. The parties do not intend to create
any obligations express or implied other than those specifically set forth herein and this
Contract will not create rights in parties not signatories hereto. The employees of the CITY
are not employees or agents of the DISTRICT by virtue of this Contract. The employees
of the DISTRICT are not employees or agents of the CITY by virtue of this Contract. By
entering into this Contract, neither the DISTRICT nor the CITY waives, nor shall either
party be deemed to waive, any rights, defenses, or immunities either party may have
under any applicable federal, state, or local statute, law, rule or regulation. Additionally,
this Contract does not confer any rights on third parties who are not signatories to this

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Contract. Therefore, no person may bring suit against the CITY or the DISTRICT
regarding the performance of this Contract as a third-party beneficiary of this Contract.
Section 7.11 Non-Exclusive Agreement – In order to ensure to the greatest extent
practical that there will be sufficient equipment and emergency resources available to the
DISTRICT, the parties acknowledge that the CITY may enter into Mutual Aid Agreements
or other agreements with other non-DISTRICT emergency services organizations, fire
departments, or municipalities in the area for provision of Emergency Services. The
DISTRICT may also make agreements for service with other agencies or directly provide
DISTRICT resources for the provision of emergency services in the Service Area.
Section 7.12 Governing Law – This Contract will be governed by the laws of the State
of Texas, and venue for any action concerning this Contract shall lie in Tarrant County,
Texas.
Section 7.13 Enforcement – In enforcing the performance of the provisions of this
Contract all parties shall have the right to the exercise of all procedures available under
applicable law or equity. No waiver or breach of any term or condition of this Contract
shall be construed to waive any subsequent waiver or breach of the same or any other
term or condition of this Contract.
Section 7.14 Force Majeure – To the extent that either party to this Contract shall be
wholly or partially prevented from the performance within the period specified of any
obligation or duty placed on such party by any reason of or through strikes, stoppage of
labor, riot, flood, failure of utilities, public water supply, invasions, insurrections, the order
of any court, judge, or civil authority, pandemic or epidemic, or of act of God, then, in such
event, the time for the performance of such obligation or duty shall be suspended until
such inability to perform is removed.
Section 7.15 Defined Terms – The defined terms in this Contract shall have the
meanings as defined herein whether or not the term appears in all capitalized letters or in
upper and lower-case letters.
Section 7.16 Communications – The parties acknowledge that the typical form of
regular communications between the DISTRICT and the CITY regarding the services
provided under this Contract is e-mail. Therefore, it is the responsibility of both parties to
immediately inform the other of any changes to agency contact information.

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DISTRICT SIGNATURE

Signed this

day of

, 2026.

TARRANT COUNTY EMERGENCY SERVICES DISTRICT #1
4900 River Oaks Blvd.
River Oaks, TX 76114
By:
Donnie Davis, President
ATTEST:
By:
Richard Casarez, Secretary/Treasure

CITY SIGNATURE

Signed this

day of

, 2026.

CITY OF
By:
Jason Ward, Mayor
ATTEST:
By:
Beth Fischer, City Secretary

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Appendix A
FIRE and EMS-1 Service Area Map

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Appendix A
EMS-2 Service Area Map

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Appendix B
Maintenance and Repair of DISTRICT-Owned Equipment
The DISTRICT may provide equipment (apparatus) such as water tenders and/or brush
trucks to the entities providing services to the DISTRICT. The specific equipment provided
by the DISTRICT to the CITY under this Contract is as follows:

☐ Combination Tender/ Class A Engine ☒ Brush Truck
The Equipment is owned and insured by the DISTRICT, but the CITY is permitted to use
the Equipment, not only for the purpose of providing Emergency Services under this
Contract, but within its own community and in service to its mutual aid partners, if any, as
well. Therefore, maintenance and repair of the Equipment will be shared between the
DISTRICT and the CITY as follows:
DISTRICT Responsibilities for Maintenance & Repair:
•

(1) Annual comprehensive preventative maintenance service

•

All unexpected repairs that are over $500

•

Replacement of tires as needed

•

Annual pump testing

•

Repair or replacement of DISTRICT-provided loose equipment items

CITY Responsibilities for Maintenance & Repair:
•

All light bulbs, added operating fluids, windshield wipers, and any other minor
maintenance items

•

Unexpected repairs that are less than $500

•

Annual hose and ladder testing if applicable

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Appendix C
Funding Payment, Response Expectations,
and Response Reporting
The following information is meant to clarify the FY 2027 funding mechanism and to
provide additional detail regarding the expectations of the DISTRICT for the various
entities providing services to the DISTRICT.
Purpose of Funding Mechanism
•

The purpose and intent of the funding mechanism for FY 2027 is to ensure that
each entity providing services to the DISTRICT is compensated fairly when
analyzed on a per call or per incident basis.

Payment Amount for Contracted Area
TYPE OF CONTRACT
FIRE/1st RESPONDER
EMS TRANSPORT
TOTAL AMOUNT

CONTRACTED
AMOUNT
119,250
$320,250
$439,500

QUARTERLY
PAYMENT
$29,813
$80,063
$109,875

LUMP SUM
AMOUNT
$25,000
$25,000
$50,000

Payment Schedule
The DISTRICT will make quarterly payments as follows:
Q1: Oct, Nov, Dec - Paid by Jan 29th, 2027
Q2: Jan, Feb, March - Paid by April 30th, 2027
Q3: April, May, June - Paid by July 30th, 2027
Q4: July, Aug, Sep - Paid by October 29th, 2027
DISTRICT Expectations:
•

An entity providing services in the DISTRICT will respond to calls for assistance in
the entity’s Service Area within the DISTRICT with a single, properly staffed and

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equipped fire apparatus or ambulance (as applicable) with the appropriate number
of staff of certified personnel.
•

There is no requirement or expectation for any entity to provide a multi-unit
response.

•

An entity providing services within the DISTRICT may, in its sole discretion, choose
to send an additional single, properly staffed and equipped fire apparatus with the
appropriate number of staff of certified personnel to ensure adequate resources
arrive within the initial and most critical time period for operational effectiveness
and the safety of responding personnel. When providing services within the
DISTRICT, the apparatus staffing standards applied shall mirror the apparatus
staffing standards employed for incidents occurring within the responding entity’s
original jurisdiction. The DISTRICT’s staffing standard requires personnel to be
either a TCFP or SFFMA Firefighter 2 certified firefighter on the following
apparatus; minimum of three (3) personnel on a fire engine, one (1) person on a
water tender, and two (2) personnel on a brush truck.

•

A First Responder apparatus should have a minimum of two (2) medically trained
personnel credentialed by their medical director. The minimum staffing should be
one (1) ECA or higher, and one (1) EMT-Basic or higher.

•

Completion of the provided form for response documentation will be the primary
means of response tracking. In the event of any concerns involving responses
and/or response types, the entities providing services will cooperate in providing
the DISTRICT with access to incident reports and/or dispatch information.

•

Monthly reports that summarize all responses by Incident #, Date, Time,
Address, Box Card #, Incident Type Found, Dispatch Time, En Route Time,
On Scene Time, Clear/Available Time will be required prior to issuance of
quarterly payments.

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