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HomeMy WebLinkAbout06-28-10 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion of the Town Council Workshop but not prior to the 7:00 p.m. posted start time. Page 1 of 4 TOWN OF WESTLAKE, TEXAS Mission Statement On behalf of the citizens, the mission of the Town of Westlake is to be a one-of-a-kind community that blends our rural atmosphere with our rich culture and urban location. Westlake, Texas – A Premier Knowledge Based Community TOWN COUNCIL MEETING AGENDA June 28, 2010 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE, 2ND FLOOR COUNCIL CHAMBERS / MUNICIPAL COURT ROOM Workshop Session 4:30 p.m. Regular Session 7:00 p.m. Workshop Session 1. CALL TO ORDER 2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM JUNE 28, 2010, COUNCIL REGULAR MEETING AGENDA. 3. EXECUTIVE SESSION Page 2 of 4 The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Sec. 551.074(a)(1) PERSONNEL MATTERS - to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager 4. RECONVENE MEETING 5. ADJOURNMENT Regular Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. Recognition of outgoing Council Member Rebecca Rollins. 4. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the meeting held on April 19, 2010. b. Consider approval of the minutes from the meeting held on May 3, 2010. c. Consider approval of the minutes from the meeting held on May 17, 2010. d. Consider approval of the minutes from the meeting held on May 24, 2010 e. Consider approval of Ordinance 640, Amending Chapter 78, Article III, Town Owned Cemeteries, Section 78-60, renaming the Westlake Cemetery to I.O.O.F Westlake Cemetery. f. Consider approval of Resolution 10-12, Authorizing the Town Manager to enter into an agreement with Vaquero HOA for sanitary sewer services related to the discharge of effluent from Vaquero Golf Club’s water treatment equipment. g. Consider approval of Resolution 10-13, Authorizing an agreement with Millican Well Service LLC to install a water well on the Westlake Civic Campus. Page 3 of 4 h. Consider approval of Resolution 10-14, Awarding a bid to Gilco Contracting, Inc., for installing of the parking pavement and utilities for the parking lot expansion of the Arts and Sciences center located on the Westlake Civic Campus. i. Consider approval of Resolution 10-15, Awarding a bid to Hadden, for installing of the irrigation system and landscaping for the parking lot expansion of the Arts and Sciences center located on the Westlake Civic Campus. j. Consider approval of Resolution 10-16, Awarding a Bid to Cable Electric, Inc., for installing of the lighting package for the parking lot expansion of the Arts and Sciences center located on the Westlake Civic Campus. k. Consider approval of Resolution 10-17, Authorizing the Town Manager to enter into an Inter-local Agreement with Tarrant County for Dove Road pavement and drainage ditch repairs. l. Consideration and discussion Resolution 10-18, To enter into an agreement for the installation of water line improvements in Stagecoach Hills with Rodgers Construction Company and authorizing the Town Manager to execute the agreement. 5. CONSIDERATION AND DISCUSSION OF RESOLUTION 10-19, APPOINTING AND REAPPOINTING MEMBERS TO THE HISTORICAL PRESERVATION SOCIETY, PLANNING AND ZONING COMMISSION, PUBLIC ART SOCIETY, TEXAS STUDENT HOUSING AUTHORITY AND ENTITIES, AND WESTLAKE ACADEMY FOUNDATION. 6. CONSIDERATION AND DISCUSSION OF ORDINANCE 641, ADOPTING THE OFFICIAL TOWN BOUNDARY MAP. 7. CONSIDERATION AND DISCUSSION OF RESOLUTION 10-20, RESOLUTION STATING A NOTICE OF INTENT TO IMPLEMENT A PROPERTY TAX; AND PROVIDING FOR EXEMPTIONS TO THE PROPERTY TAX; AND PROVIDING FOR A LIMITATION ON TAXES FOR THE DISABLED AND ELDERLY; PROVIDING FOR COLLECTION OF TAXES AND A COLLECTION FEE; PROVIDING FOR NOTICE TO BE SENT TO THE TARRANT AND DENTON CENTRAL APPRAISAL DISTRICTS. 8. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Sec. 551.074(a)(1) PERSONNEL MATTERS - to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager 9. RECONVENE MEETING 10. TAKE ANY NECESSARY ACTION FROM EXECUTIVE SESSION, IF NECESSARY Page 4 of 4 11. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. - None 12. COUNCIL CALENDAR - Newly Elected Official Training (TML – Irving) July 23-24, 2010 - Council Budget Retreat – Off Site August 13, 2010 (Friday 9:00 – 1:00) - Council Meeting August 30, 2010 - Arbor Day September 25, 2010 - Council Meeting (adoption of budget) Sept. 27, 2010 13. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, June 24, 2010, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ Kelly Edwards, TRMC, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the meeting held on April 19, 2010. b. Consider approval of the minutes from the meeting held on May 3, 2010. c. Consider approval of the minutes from the meeting held on May 17, 2010. d. Consider approval of the minutes from the meeting held on May 24, 2010 e. Consider approval of Ordinance 640, Amending Chapter 78, Article III, Town Owned Cemeteries, Section 78-60, renaming the Westlake Cemetery to I.O.O.F Westlake Cemetery. f. Consider approval of Resolution 10-12, Authorizing the Town Manager to enter into an agreement with Vaquero HOA for sanitary sewer services related to the discharge of effluent from Vaquero Golf Club’s water treatment equipment. g. Consider approval of Resolution 10-13, Authorizing an agreement with Millican Well Service LLC to install a water well on the Westlake Civic Campus. h. Consider approval of Resolution 10-14, Awarding a bid to Gilco Contracting, Inc., for installing of the parking pavement and utilities for the parking lot expansion of the Arts and Sciences center located on the Westlake Civic Campus. i. Consider approval of Resolution 10-15, Awarding a bid to Hadden, for installing of the irrigation system and landscaping for the parking lot expansion of the Arts and Sciences center located on the Westlake Civic Campus. j. Consider approval of Resolution 10-16, Awarding a Bid to Cable Electric, Inc., for installing of the lighting package for the parking lot expansion of the Arts and Sciences center located on the Westlake Civic Campus. k. Consider approval of Resolution 10-17, Authorizing the Town Manager to enter into an Inter-local Agreement with Tarrant County for Dove Road pavement and drainage ditch repairs. l. Consideration and discussion Resolution 10-18, To enter into an agreement for the installation of water line improvements in Stagecoach Hills with Rodgers Construction Company and authorizing the Town Manager to execute the agreement. Town of Westlake Item # 2 – Review of Consent Agenda Items EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Sec. 551.074(a)(1) PERSONNEL MATTERS - to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager Town of Westlake Item # 3 – Workshop Executive Session Town of Westlake Item # 4 – Reconvene Meeting Town of Westlake Item # 5 – Workshop Adjournment Back up material has not been provided for this item. Town of Westlake Item # 2 – Pledge of Allegiance Texas Pledge: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. Recognition of outgoing Council Member Rebecca Rollins. Town of Westlake Item # 3 – Citizen’s Presentations and recognitions Town Council Minutes 04/19/10 Page 1 of 6 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL REGULAR MEETING April 19, 2010 PRESENT: Mayor Laura Wheat and Council Members, Larry Corson, Carol Langdon, Rick Rennhack and Rebecca Rollins. ABSENT: Tim Brittan OTHERS PRESENT: Town Manager Tom Brymer, Town Attorney Stan Lowry, Town Secretary Kelly Edwards, Court Administrator Amanda DeGan, Public Works Director Jarrod Greenwood, Facilities and Recreation Director Troy Meyer, Finance Director Debbie Piper, and Planning and Development Director Eddie Edwards. Workshop Session 1. CALL TO ORDER Mayor Wheat called the meeting to order at 4:34 p.m. 2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM MARCH 22, 2010, COUNCIL REGULAR MEETING AGENDA. Mayor Wheat asked for clarification regarding item b of the consent agenda. 3. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Sec. 551.074(a)(1) PERSONNEL MATTERS - to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager Town Council Minutes 04/19/10 Page 2 of 6 4. RECONVENE MEETING Mayor Wheat recessed the workshop at 7:33 p.m. to convene the regular meeting. Mayor Wheat reconvened the workshop meeting at 8:36 p.m. 5. PRESENTATION AND DISCUSSION PROJECT SAVING ON THE CONSTRUCTION OF THE SAM AND MARGARET LEE ARTS AND SCIENCES CENTER CAPITAL PROJECT. Facilities and Recreation Director Meyer provided a presentation and overview of the project and project savings. Discussion ensued regarding enlarging the parking area and installation of an additional covered walkway. Staff recommends adding additional parking for events and new students. 6. PRESENTATION AND REVIEW OF THE TOWN’S WATER AND SEWER RATE STRUCTURE. Public Works Director Greenwood provided a presentation and overview of the Town’s utility rates regarding the fundamental concepts of rate design. 7. ADJOURNMENT There being no further business, Mayor Wheat adjourned the workshop at 10:33 p.m. Regular Session 1. Mayor Wheat called the regular meeting to order at 7:34 p.m. Council Member Brittan was absent. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the pledge of allegiance to the United States and Texas flags. 3. CITIZEN PRESENTATIONS AND RECOGNITIONS Town Council Minutes 04/19/10 Page 3 of 6 Mayor Wheat read proclamations recognizing National Nurses Week May 6 -12, 2010, National Day of Prayer on May 6, 2010, and Public Service Recognition Week May 3-9, 2010. Allan Werst, 4035 Aspen Lane, Westlake, provided information regarding Decoration Day events and encouraged all citizens to attend the event on May 31, 2001. 4. CONSENT AGENDA a. Consider approval of the Town Council meeting held on February 22, 2010. b. Consider approval of Ordinance 636, Amending Ordinance 632 Calling the General Election providing Early Voting polling locations. c. Consider approval of Resolution 10-09, Approving the Joint Election Contract with Tarrant County. MOTION: Council Member Corson made a motion to approve the consent agenda. Council Member Rollins seconded the motion. The motion carried by a vote of 4-0. 5. CONSIDERATION AND DISCUSSION OF ORDINANCE 367, AMENDING CHAPTER 78, ADDING ARTICLE III, TOWN OWNED CEMETERIES AND A NAME CHANGE. Facilities and Recreation Director Meyer provided a presentation and overview that establish rules and regulations, possible improvements and a proposal to change the name of the cemetery. MOTION: Council Member Langdon made a motion to approve Ordinance 367. Council Member Rollins seconded the motion. The motion carried by a vote of4-0. 6. CONSIDER APPROVAL OF RESOLUTION 10-10, ESTABLISHING THE RULES AND REGULATIONS OF THE TOWN OWNED CEMETERY. MOTION: Council Member Corson made a motion to approve Resolution 10-10. Council Member Rennhack seconded the motion. The motion carried by a vote of 4-0. 7. A PUBLIC HEARING REGARDING AN AMENDMENT TO CHAPTER 82 SUBDIVISIONS SECTION 82-41 AND SECTION 82-184 WHICH REGULATES PLATTING, SUBDIVIDING OF LAND, AND DEVELOPMENT OF PROPERTY WITHIN THE TOWN OF WESTLAKE. Mayor Wheat opened the Public Hearing. Town Council Minutes 04/19/10 Page 4 of 6 Planning and Development Director Edwards provided an overview of the proposed changes to Chapter 82 regarding platting procedures and the proposed amendment to specific use permits regarding gated communities. No citizens addressed the Council. 8. CONSIDERATION OF ORDINANCE 368, AMENDING SECTION 82-414 AND SECTION 82-184 WHICH REGULATES PLATTING, SUBDIVIDING OF LAND, AND DEVELOPMENT OF PROPERTY WITHIN THE TOWN OF WESTLAKE. MOTION: Council Member Rollins made a motion to approve Ordinance 368. Council Member Corson seconded the motion. The motion carried by a vote of4-0. 9. DISCUSSION OF THE TOWN OF WESTLAKE AND WESTLAKE ACADEMY FY 2010-2011 BUDGET CALENDAR. Town Manager Brymer provided the current status of the budget process and planning calendars for the both the Town and Academy. 10. FUTURE AGENDA ITEMS - None 11. COUNCIL CALENDAR - Bandana Bonanza May 1, 2010 (3:30-7:30 p.m.) - Election Day May 8, 2010 - New Council orientation May 12, 2010 (8:00-5:00 p.m.) - Council Meeting to Canvass the Election May 17, 2010 - Westlake Academy Graduation May 23, 2010 (2:00 p.m.) - Town Council Meeting May 24, 2010 After election strategic planning retreat to preview the municipal budget (early input), Town financial forecast, and discuss progress and updates to the strategic plan - Decoration Day May 31, 2010 Town Council Minutes 04/19/10 Page 5 of 6 - Council Meeting June 28, 2010 - Council Budget Retreat – Off Site August 13, 2010 (Friday 9:00 – 1:00) - Council Meeting August 30, 2010 - Arbor Day September 25, 2010 - Council Meeting (adoption of budget) Sept. 27, 2010 Mayor Wheat recessed the regular meeting at 8:25 p.m. to reconvene the workshop meeting. Mayor Wheat reconvened the regular meeting at 10:33 p.m. 12. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Sec. 551.074(a)(1) PERSONNEL MATTERS - to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager 13. RECONVENE MEETING 14. TAKE ANY NECESSARY ACTION FROM EXECUTIVE SESSION, IF NECESSARY - No Action Taken 15. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Rennhack made a motion to adjourn the meeting. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 11:21 p.m. Town Council Minutes 04/19/10 Page 6 of 6 APPROVED BY THE TOWN COUNCIL JUNE 28, 2010. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Town Council Minutes 05/03/10 Page 1 of 2 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL SPECIAL CALLED MEETING May 3, 2010 PRESENT: Mayor Laura Wheat and Council Members, Larry Corson, Tim Brittan, Carol Langdon, Rick Rennhack and Rebecca Rollins. ABSENT: OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards and Human Resources and Administrative Services Todd Wood. 1. CALL TO ORDER Mayor Wheat called the meeting to order at 5:05 p.m. 2. CONSIDER RESOLUTION 10-11, ACCEPTING A SEALED BID FOR SURPLUS PROPERTY AND APPROVING SALE OF THE PROPERTY. Director of Human Resources and Administrative Services Todd Wood provided an overview of the bid process and named the Hurst Police Department as the winning bidder. MOTION: Council Member Langdon made a motion to approve Resolution 10-11. Council Member Rollins seconded the motion. The motion carried by a vote of 5-0. 3. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Sec. 551.074(a)(1) PERSONNEL MATTERS - to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager Town Council Minutes 05/03/10 Page 2 of 2 4. RECONVENE MEETING 5. TAKE ANY NECESSARY ACTION FROM EXECUTIVE SESSION, IF NECESSARY - No Action Taken 6. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Rennhack made a motion to adjourn the meeting. Council Member Langdon seconded the motion. The motion carried by a vote of 5-0. Mayor Wheat adjourned the meeting at 7:49 p.m. APPROVED BY THE TOWN COUNCIL JUNE 28, 2010. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Town Council Minutes 05/17/10 Page 1 of 3 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING May 17, 2010 PRESENT: Mayor Laura Wheat and Council Members, Larry Corson, Tim Brittan, Carol Langdon, and Rick Rennhack. ABSENT: Rebecca Rollins OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards and Town Attorney Stan Lowry. 1. CALL TO ORDER Mayor Wheat called the meeting to order at 7:33 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the pledge of allegiance to the United States and Texas flags. 3. CITIZEN PRESENTATIONS Mr. Greg Blilie, 5919 Mahotea Boone, Westlake, spoke in opposition of implementing a property tax. 4. CONSIDER AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON MAY 8, 2010, FOR THE ELECTION OF MAYOR AND TWO (2) COUNCIL MEMBERS TO TERMS EXPIRING MAY 2012. (CONSIDERE UNA ORDENANZA que SOLICITA LOS REGRESOS Y DECLARAR LOS RESULTADOS DE LA ELECCION GENERAL AGUANTARON el 8 de mayo de 2010, PARA LA ELECCION DE ALCALDE Y DOS (2) MIEMBROS de CONCILIO A TERMINOS que EXPIRAN el 2012 de Mayo) MOTION: Council Member Tim Brittan made a motion to approve Ordinance 639. Council Member Corson seconded the motion. The motion carried by a vote of 4-0. Town Council Minutes 05/17/10 Page 2 of 3 5. ADMINISTER OATH OF OFFICE TO NEWLY ELECTED OFFICIALS. Town Secretary Edwards conducted the Oath of Office for Mayor Wheat. Mayor Wheat conducted the Oath of Office for Council Member Brittan and Council Member Cox. 6. FUTURE AGENDA ITEMS - None 7. COUNCIL CALENDAR - Westlake Academy Graduation May 23, 2010 (2:00 p.m.) - Town Council Meeting May 24, 2010 – 8:15 a.m. Offsite All day event at the Embassy Suites in Grapevine After election strategic planning retreat to preview the municipal budget (early input), Town financial forecast, and discuss progress and updates to the strategic plan - Decoration Day May 31, 2010 - Council Meeting June 28, 2010 - Council Budget Retreat – Off Site August 13, 2010 (Friday 9:00 – 1:00) - Council Meeting August 30, 2010 - Arbor Day September 25, 2010 - Council Meeting (adoption of budget) Sept. 27, 2010 Town Council Minutes 05/17/10 Page 3 of 3 8. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Cox made a motion to adjourn the meeting. Council Member Rennhack seconded the motion. The motion carried by a vote of 5-0. Mayor Wheat adjourned the meeting at 7:52 p.m. APPROVED BY THE TOWN COUNCIL JUNE 28, 2010. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Town Council Minutes 05/24/10 Page 1 of 3 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING May 24, 2010 PRESENT: Mayor Laura Wheat and Council Members, Larry Corson, Clif Cox, Tim Brittan, Carol Langdon, and Rick Rennhack. ABSENT: OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards and Mike Conduff. Workshop Session 1. CALL TO ORDER The meeting started at 8:39 a.m. 2. DISCUSSION OF GOVERNANCE, TEAM BUILDING, STRATEGIC PLANNING, PREVIEW THE MUNICIPAL BUDGET, AND FINANCIAL SUSTAINABILITY. Mike Conduff opened with a welcome and thank you to the council. Mr. Conduff provided an overview of team building, governance components and the Council’s classic view of the DiSC reports as a team. Discussion ensued regarding the possible need for crafting new language for the Ethics policy regarding how items are placed on the agenda for discussion and members roles. Council broke at 10:30 a.m. Council returned to discussion at 10:39 a.m. Discussion continued regarding the school and the stakeholder as a resident or parent of a child in the academy and the structure of the school now and for the future. Town Council Minutes 05/24/10 Page 2 of 3 Mr. Conduff provided the members with his observations of the discussions and provided some information on how to proceed with discussions regarding the financial sustainability. Council broke at 12:04 p.m. Council returned to discussion at 12:27 p.m. Town Manager Brymer provided and presentation and discussed financial sustainability with the Council. Discussion ensued regarding the Town’s sales tax. 3. ADJOURNMENT Mayor Wheat recessed the workshop meeting at 1:39 p.m. to convene the regular meeting. Regular Session 1. Mayor Wheat called the regular meeting to order at 1:39 p.m. CALL TO ORDER 2. CONSIDERATION AND DISCUSSION TO ELECT A MAYOR PRO TEMPORE. MOTION: Motion made by Council Member Brittan seconded by Council Member Langdon to elect Council Member Corson as Mayor Pro Tempore. The motion carried 5-0. 3. COUNCIL CALENDAR - Decoration Day May 31, 2010 - Council Meeting June 28, 2010 - Newly Elected Official Training (TML – Irving) July 23-24, 2010 - Council Budget Retreat – Off Site August 13, 2010 (Friday 9:00 – 1:00) - Council Meeting August 30, 2010 - Arbor Day September 25, 2010 - Council Meeting (adoption of budget) Sept. 27, 2010 Town Council Minutes 05/24/10 Page 3 of 3 4. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Corson made a motion to adjourn the meeting. Council Member Cox seconded the motion. The motion carried by a vote of 5-0. Mayor Wheat adjourned the regular meeting at 1:39 p.m. Workshop Session cont. Mayor Wheat reconvened the workshop at 1:39 p.m. Discussion ensued regarding the increase of expenditures for the last five (5) years. The Council asked for staff to provide a zero based budget as a helpful exercise to be able to defend moving forward with a property tax. - Balance budget within the Program priority basis Direction - Develop a 10% to 20% cut for all departments - Utilize a quality consultant to examine Administrative/Teacher/ and structure - Examine the potential to sell the school - Examine the concept of external operation for WLA - The possibility of converting to and ISD - School be self funded not including Blacksmith Discussion continued regarding the abilities of funding the school and town and whether the academy should pay for itself and how the Academy could begin to sustain without the direct and indirect cost associated with Town staff. In closing Mike recommended on how to discuss future agenda items and determine what the end product should be. The meeting adjourned at 5:18 p.m. APPROVED BY THE TOWN COUNCIL JUNE 28, 2010. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Page 1 of 2 Memo Town of Westlake To: Honorable President and Members of the Town Council From: Troy J. Meyer Director of Facilities & Recreation Subject: Meeting of June 28, 2010 Date: June 17, 2010 Amending Chapter 78, Article III, Town Owned Cemeteries, Section 78-60, renaming the Westlake Cemetery to I.O.O.F Westlake Cemetery. ITEM This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS  Inviting Residential & Corporate neighborhoods o Open space preservation  Hospitality Finds its Home in Westlake o Historic Preservation o Tourism development The Roanoke Independent Order of Odd fellows (I.O.O.F.), Lodge 421 purchased approximately five and one half acres of property in 1897 to serve as a public burial ground for departed friends and family members of those that founded this promising new land. BACKGROUND The Town of Westlake and its officials are honored to have earned the trust and friendship of the Fanning family to the extent that Mr. Dick Fanning, president of the I.O.O.F. Cemetery Association, entrusted the Town of Westlake with the perpetual care and restoration of the I.O.O.F. Cemetery in May 2007. On February 25, 2008, the Council approved funding to proceed forward with the development of the rules, regulations, policies and procedures which was presented on July 28, 2008 workshop. Council recommendation was to define cemetery and who owns the cemetery. On April 19, 2010 the Town Council adopted ordinance 637 establishing Chapter 78 of the Town of Westlake Code is hereby amended by reserving Sections 78-41 through 78-59 and adding Article III. "Town Owned Cemeteries" as follows: Article III. Town Owned Cemeteries The Town Council requested the I.O.O.F remain in the name of the Cemetery with the approval of the grand Lodge I.O.O.F Board of Trustees. Staff received the approval on May 12, 2010 to include the I.O.O.F as part of the renaming the cemetery to “I.O.O.F Westlake Cemetery. Page 2 of 2 N/A FUNDING Approve the name change to I.O.O.F Westlake Cemetery. RECOMMENDATION Ordinance ATTACHMENTS: Letter from the Grand Lodge Independent Order of the Odd Fellow of Texas Board of Trustee. Ordinance 640 Page 1 of 2 TOWN OF WESTLAKE ORDINANCE 640 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS AMENDING CHAPTER 78, ARTICLE, III TOWN OWNED CEMETERIES, SECTION 78-60; PROVIDING FOR THE NAME OF THE CEMETERY TO BE I.O.O.F WESTLAKE CEMETERY; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on April 19th , the Council adopted ordinance 637 which established the rules and regulation and renamed the cemetery to Town of Westlake Cemetery; and WHEREAS, the Grand Lodge Board of Trustee approved the use of the I.O.O.F. as part of the new name of the Town owned cemetery on May 8th 2010; and WHEREAS, the formerly known as the “Town of Westlake Cemetery” shall hereafter by known as the I.O.O.F Westlake Cemetery in order to provide a secure well maintained facility it is necessary to establish limitations on certain activities and the use of the facility as penal ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1 : That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: Chapter 78, Article III of the Town of Westlake Code is hereby amended as follows: Sec.78-60. The municipal cemetery located in and owned by the Town of Westlake, formerly known as the Town of Westlake Cemetery shall hereafter by known as the “ I.O.O.F Westlake Cemetery.” SECTION 3 Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for all violations involving this ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. : PENALTY SECTION 4 This ordinance shall be cumulative of all provisions of ordinances of the Town of Westlake, Texas, except where provisions of this ordinance are in direct conflict with the provisions of another ordinance, in which event the conflicting provisions of the other ordinance are hereby repealed. : CUMULATIVE CLAUSE Ordinance 640 Page 2 of 2 SECTION 5 It is hereby declared to be the intention of the Town Council that the phrases, clauses, sentences, paragraphs, and sections 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 they would have been enacted by the Town Council without the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or section. : SEVERABILITY CLAUSE SECTION 6 All rights and remedies of the Town of Westlake are expressly saved as to any and all violations of the provisions of the Code of Ordinances, Town of Westlake, Texas, as amended, or any other ordinances affecting such code 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. : SAVINGS CLAUSE SECTION 7 The Town Secretary of the Town of Westlake is hereby directed to publish in the official newspaper of the Town of Westlake, the caption, penalty clause, and the effective date of this ordinance. : PUBLICATION SECTION 8 This ordinance shall be in full force and effect from and after its passage and publication as required by law. : EFFECTIVE DATE PASSED AND APPROVED THIS 28TH DAY OF JUNE 2010. ____________________________________ Laura Wheat, Mayor ATTEST: _____________________________ ____________________________________ Kelly Edwards, Town Secretary Thomas Brymer, Town Manager APPROVED AS TO LEGAL FORM: ____________________________ L. Stanton Lowry, Town Attorney GRAND I.OIDGE INDDPDNDDNT ORIDDR. OFTTID ODD IEII.{)WS OFMXAS -INSTITUTED 1841- 3324 WEST SECOND AVENUE CORSICANA, TEXAS 75110 (903) 872-7438 (800) 2ee-7438 FAX (903) 872-7277 May 12, 20LO Mr. Troy Meyer, Director Facilities, Parks, & Recreat j-on Town of Westlake 3 Village Circ1e, Suite #202 Westlake, TX 76262 Dear Mr. Meyer: Thank you for your letter of April 27, 2010 concerning the cemetery property formerly owned by the Roanoke I.O.O.F. Lodge No. 42L. During a meeting of the Grand Lodge Board of Trustees held May 8th, the Board members approved your request to use I.O.O.F. as part of the new name for the cemetery. As a matter of information, when the property was deeded over to the I.O.O.F. Cemetery Association in 2003, a clause was inserted in the deed to insure that the I.O.O.F. sign above the entrance to the cemetery would be maintained. We are proud that the Independent Order of Odd Fellows will continue Eo be linked to this historic site. Sincerely, ATTEST:.Terry D. Curtis, Chairman Grand Lodge Board of Trustees WE^L .fames Curti-s Grand Secretary ,JDC/nc Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Jarrod Greenwood, Public Works Director Subject: Regular meeting of June 28, 2010 Date: June 3, 2010 Consider a Resolution authorizing the Town Manager to enter into an agreement with Vaquero HOA for sanitary sewer services related to the discharge of effluent from Vaquero Golf Club’s water treatment equipment. ITEM This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS  We are Leaders o Infrastructure maintenance and planning Over the last several months Town staff has worked with the Vaquero HOA and golf course personnel on potential options to dispose of the effluent from the then proposed water treatment equipment. Of the alternatives explored, it was determined the most feasible was to discharge into the Town’s sanitary sewer. The proposed agreement includes specific conditions which the Golf Club must adhere to in order to continue sewer service. BACKGROUND The proposed agreement will generate approximately $25,000 annually for the Utility Fund. However, the water treatment equipment will eliminate water purchased from Westlake, thereby reducing the amount of annual water revenue by approximately $150,000. FUNDING Staff recommends approval. RECOMMENDATION Resolution ATTACHMENTS: Exhibit A – Vaquero Sewer Service Agreement Attachment A Attachment B Attachment C Resolution 10-12 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 10-12 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ENTERING INTO AN AGREEMENT WITH VAQUERO HOA, FOR SANITARY SEWER SERVICES RELATED TO THE DISCHARGE OF EFFLUENT FROM VAQUERO GOLF CLUB’S WATER TREATMENT EQUIPMENT; AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE TOWN OF WESTLAKE, TEXAS. WHEREAS, the Owner is desirous of connecting to the Town’s sanitary sewer collection system and discharging waste water effluent from water treatment equipment located at 1420 Post Oak Place, commonly referred to as the Golf Maintenance Facility (see Exhibit “A”); and WHEREAS, the Town Council find that providing sewer service provides sound infrastructure planning consistent with goals and objectives within the adopted strategic plan; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the public. WHEREAS, the Town is agreeable to the sewer service connection pursuant to the stipulations set forth in the Sanitary Sewer Services Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2. The Town Council of the Town of Westlake hereby approves the Sanitary Sewer Services Agreement, for the provision of sanitary sewer services from the water treatment equipment located at 1420 Post Oak Place, attached as Exhibit “A”, and further authorizes the Town Manager to execute the agreement on behalf of the Town of Westlake, Texas. SECTION 3 : If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 10-12 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 28TH DAY OF JUNE, 2010. ___________________________________ Laura Wheat, Mayor ATTEST: ______________________________ __________________________________ Kelly Edwards, Town Secretary Tom Brymer, Town Manager APPROVED AS TO FORM: ______________________________ L. Stanton Lowry, Town Attorney EXHIBIT “A” VAQUERO GOLF CLUB SANITARY SEWER SERVICE AGREEMENT THIS SANITARY SEWER SERVICE AGREEMENT (the “Agreement”) made and entered into this _____day of , 2010 , by and between the Town of Westlake, Texas, herein referred to as the "Town" and Vaquero Golf Club, herein referred to as the "Owner";and WHEREAS, the Owner is desirous of connecting to the Town’s sanitary sewer collection system and discharging waste water effluent from water treatment equipment located at 1420 Post Oak Place, commonly referred to as the “Vaquero Golf Maintenance Facility”; and WHEREAS, the ability for the Owner to connect to the Town’s sanitary sewer collection system will provide benefits to the entire community of residents and property owners in the residential community known as “Vaquero”; and WHEREAS, the Town and Owner are agreeable to the sewer service connection and requirements pursuant to the terms and conditions set forth in this Agreement. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The Town gives permission for the Owner to make a connection to the Town’s sanitary sewer and discharge effluent from water treatment equipment located at 1420 Post Oak Place. This permission is subject to effluent meeting all Federal, State, and local regulations ,now and in the future, affecting design, construction, operation, maintenance, and use of the Town’s sanitary sewer system and upon approval by the Town of a Water/Sewer application from the Owner. 2. The Owner shall, at its sole expense, obtain all necessary permits and install the sanitary sewer from the property to the Town's sanitary sewer as shown on attached Exhibit “A”, all to the satisfaction of the Town. All costs of connecting to the sanitary sewer from the property described above to the Town's sanitary sewer shall be borne by the Owner. 3. The Owner agrees to allow periodic inspection by Town employees or authorized agents of the sanitary sewer system, physical facility, water treatment equipment maintenance and water production records related to volumes and chemical composition. Inspections shall be conducted during normal business hours with seventy two (72) hours advance notice. Notwithstanding the above, should the Town deem a matter to be an emergency, the Town shall not be required to give seventy two (72) hours notice. In the case of an emergency, to be determined by the sole decision of the Town, advance notice will be that which is determined by the Town to be sufficient and necessary. 4. The Owner agrees to provide the reports to the Town as identified in Attachment “B” of this Service Agreement in a timely manner. All costs and reporting associated with this agreement shall be the sole cost of the Owner. The Town has a right to require additional reporting as necessary due to changes in the chemical composition of the water treatment effluent. The Owner shall provide the Town with a base line (benchmark) chemical composition for the effluent that will illustrate the known constituents and their levels of occurrence in the discharged wastewater effluent. Failure to comply shall be deemed as non-compliance and subject to disconnection. 5. The Owner agrees in return for receiving sewerage treatment service from the Town to pay the monthly minimum sewerage service fee connection and the sewer volume rate as set by the Town and in accordance with Attachment “C” of this Service Agreement. The fees shall be calculated in compliance with the latest revision of the Town’s Ordinances for water and sewer rates. 6. If at any time in the future, State or Federal regulations require owner to become a permitted discharger, the Owner acknowledges and consents with the conversion of this sanitary sewer service to a permitted discharge as may be necessary, and as such, will be regulated and charged based on any ordinance(s) for permitted wastewater discharges. 7. This Service Agreement shall not create a joint venture, partnership, or Master/Servant, agency or subcontractor relationship between the Town and Owner. 8. Amendment . This Service Agreement can only be amended in writing by the Town Council and Owner. 9. Sole Agreement. 10. No assignment by the owner hereto of any rights under or interests in the Service Agreement will be binding on another party hereto without the prior written consent of the Town sought to be bound, and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Service Agreement. This Service Agreement consists of the sole and only Sewer Service Agreement of the parties and supersedes any prior understanding or written or oral agreements between the parties respecting the permit to connect and discharge effluent from the aforementioned water treatment equipment. 11. The Town and Owner each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Service Agreement. 12. The Town shall have the absolute right to terminate this Agreement based on any of the following: a. for any breach of this Agreement by the Owner which shall remain uncured to the sole satisfaction of the Town for more than thirty (30) days; b. any rule, order, statute, decree, law or other official determination that any portion of this Agreement, or the authorizations contained herein, are no longer allowed or deemed to be non-compliant; c. the Town’s regional wastewater treatment provider no longer allows the effluent or discharges as contemplated by this Agreement; or d. the unilateral determination of the Town for its own convenience. 13. Any change to the water treatment equipment that results in an increase of effluent discharge will require modification to this agreement and attachments (for calculation of charges). IN WITNESS WHEREOF, Town and Owner have signed ______ copies of the Service Agreement. ________ counterparts each have been delivered to Town and Owner. This agreement will be effective on the _________ day of ___________________, 2010. TOWN: OWNER: Town of Westlake, Texas ________________________ By: _____________________________ By: ____________________________ Tom Brymer, Town Manager ATTEST: ________________________ ATTEST: ___________________________ Kelly Edwards, Town Secretary Address for giving notices: Address for giving notices: 3 Village Circle, Suite 202 _________________________ Westlake, Texas 76262 ___________________________ List name of person to whose attention notices are to be sent: ________________________ ATTACHMENT “A” VAQUERO GOLF CLUB SEWER SERVICE AGREEMENT Equipment location and sanitary sewer connection map ATTACHMENT “B” VAQUERO GOLF CLUB SEWER SERVICE AGREEMENT Water Treatment Effluent Reports • Effluent constituent levels to establish a baseline (benchmark) • Monthly Water Treatment equipment operations and maintenance logs: o Filter change/cleaning o Chemical use o Produced water volume o Equipment run times ATTACHMENT “C” VAQUERO GOLF CLUB SEWER SERVICE AGREEMENT Sanitary Sewer rates and calculation methodology • Monthly Minimum Charge o The most current monthly minimum charges for sanitary sewer service based on a 6” water service connection. o The monthly minimum charge will be assessed for all twelve (12) months. • Sewer Volume Rate o The most current unit rate as established by the Town’s rate ordinance(s) • Volume of Effluent o Effluent from the water treatment equipment located at 1420 Post Oak Place will only be discharged into the Town’s sanitary sewer system during the months of and shall not exceed 25,000 gallons per day. o The Town will use the 25,000 gallons per day for any day in which there is effluent discharged in order to establish monthly volume charges. o The discharge quantities may be revised at a later date with the installation of Town approved metering equipment. Page 1 of 2 Memo Town of Westlake To: Honorable Mayor and Members of the Board of Aldermen From: Troy Meyer, Facilities and Recreation Director Subject: Regular Meeting of June 28, 2010 Date: June 16, 2010 Consider a Resolution authorizing an agreement with Millican Well Service LLC to install a water well on the Westlake Civic Campus. ITEM This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS  We are Leaders o Premier educational facilities and programs o Producing well educated future leaders and thinkers o Business partnerships with Westlake Academy The water well would be use as a secondary source of water for the irrigation system at the 23 acre Westlake Academy campus. The well would be located on the northwest corner of the retention pond, which is used for irrigation. The well would provide irrigation for the landscaping on campus, soccer and football fields. The Sam & Margaret Lee Arts and Sciences Center uses the Town water due to the distance from the pumps. Once the parking lot project is completed staff will assess the irrigation system to confirm if the current irrigation pumps can provide water to the A & S Center and new parking area. BACKGROUND The 08-09 annual water bills for Westlake Academy were $25,000 and the estimated cost for the 09-10 is to be at $23,000. It would take just over two (2) years to see the Town's return on investment for the project. The total budget is $60K. Bid notices were posted on May 29, 2010 and May 30, 2010. After the notices were posted in the Star-Telegram, staff contacted five water well contractors to notify them of the project. The bid opening was held on Monday, June 14th . Millican Well Service was the only contractor who submitted a bid for this project. The total amount of the bid was $44,884.50. An estimated $12K will be needed to provide the well with power and landscaping around the well head. Approve the agreement between the Town of Westlake and Millican Well Service LLC. RECOMMENDATION Page 2 of 2 The funds for the agreement are included in the adopted FY 2009-10 Town budget with a total budgeted amount of $60,000. FUNDING Resolution ATTACHMENTS Exhibit A- The agreement for the installation of the water well for the Westlake Academy campus. Resolution 10-13 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 10-13 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ENTERING INTO AN AGREEMENT WITH MILLICAN WELL SERVICE LLC., FOR INSTALLATION OF A WATER WELL ON THE WESTLAKE CIVIC CAMPUS. WHEREAS, the Town Council find that install the water well on the civic campus support good environmental stewardship: and WHEREAS, the Town Council find that install the water well will reduce the cost of monthly bill; and WHEREAS, the cost to install the water well are included in the adopted FY 2009-2010 budget. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: The Town Council of the Town of Westlake hereby approves the contract with Millican Well Service LLC., to install a water well on the Westlake Civic Campus, attached as Exhibit “A”, and further authorizes the Town Manager to execute the agreement on behalf of the Town of Westlake, Texas. SECTION 3 : If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 10-13 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 28TH DAY OF JUNE, 2010. ____________________________ Laura Wheat, Mayor ATTEST: ________________________________ _____________________________ Kelly Edwards, Town Secretary Tom Brymer, Town Manager APPROVED AS TO FORM: ___________________________ L. Stanton Lowry, Town Attorney Page 1 of 3 Town of Westlake Memo To: Honorable Mayor and Members of the Town Council From: Troy J. Meyer, Director of Facilities and Recreation Subject: Town Council meeting June 28, 2010 Date: June 10, 2010 Consider a resolution authorizing an agreement with Hadden, Cable Electrical and Gilco Contracting Inc. for Parking lot Expansion project -at the Sam & Margaret Lee Arts and Sciences Center and authorize Town Manager to approve change orders not to exceed $25,000.00. ITEM This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS  We are Leaders o Premier educational facilities and programs o Producing well educated future leaders and thinkers o Business partnerships with Westlake Academy o Environmental stewardship initiatives o High quality services delivery coupled with financial stewardships At the April 19, 2010 workshop, staff presented an update on the Sam and Margaret Lee Arts and Sciences Center. Reported was a project saving of approximately $325,522, of which $307,722 will be issued by a change order credit from Steele & Freeman. There is an estimated $44,769 in outstanding invoices which include $23,569 in retainers and $21,200 in soft cost. BACKGROUND Staff identified the three (3) following options for use of the estimated $325,522 savings on this project. 1. Utilize the entire estimated $280,753 for additional parking for the Sam & Margaret Lee Arts and Sciences Center and to fund the estimated $13,252 of unfunded pledges. 2. Apply the estimated $280,753 for covered walkway for the Sam & Margaret Lee Arts and Sciences Center and to fund the estimated $13,525 of unfunded pledges. 3. Apply the estimated approximate $280,753 to reduce the Town’s debt service payment for FY 09-10 and to fund the estimated $13,525 of unfunded pledges. Page 2 of 3 The Council approved to use the savings for expansion of the A&S Center parking area to the west, due to the growth of the school, large events on campus, and to provide additional parking for student drivers. The original parking lot was reduced to get the project within the 5.1 million dollar budget. The staff entered into an agreement with Pate engineering to design and expand the parking area to the west of the A&S Center for $21,000. Bid notices were posted on May 29th & 30th. Fourteen (14) contractors attended the pre-bid meeting held on June 7, 2010. The contractors were informed that the size of the project may be reduced due to the limited funds available for the project. Contractors where given the option to bid on the all three (3) proposals, which include paving & utilities, landscaping and electrical or just one. The following contractors had the lowest bid for each section. • GILCO- Paving & Utilities $219,471 • Hadden-Landscaping $36,159 • Cable Electrical $44,900 • Engineering cost $21,000 • Soil test $8,000 • Construction staking and fill dirt $8,000 • Contingency Total $349,530 $12,000 Total budget for the project is $276,062. The total bid for the project is $73,468 over the cost saving designated for the A&S project. Therefore, staff will meet with all contractors for the paving, landscaping and electrical - to reduce To ensure the project stays within the estimated $276,062 in cost saving designated for the A&S project, staff is working on three change orders to reduce the cost of the project which will be presented on June 28th Town Council meeting and include the following items; 1. Reduce the paving & utility agreement with Gilco Contractors by $219,471. This will reduce the number of 128 parking spaces to approximately 50 spaces. 2. Reduce the electrical agreement with Cable Electric Inc., from $44,900. Cost savings by a reduction in the number of lighting fixture not needed due to the reduction of the size of the parking area reduced as mention above. 3. Reduce the landscaping agreement with Hadden from $36,159. By reducing the size of the parking this lowers the amount of landscaping needed around the project. The project will be compliant with all of the Town ordinances and building codes. Page 3 of 3 The cost saving from the A&S Center will fund the project. The current funds available are $297,062. There are approximately $21,000 in outstanding invoices which include landscaping, audio visual, design fee and classroom supplies. FUNDING To approve contract with Hadden Landscaping, Cable Electrical and Gilco from the Sam & Margaret Lee Arts and Sciences Center parking lot expansion project and authorize town manager to approve change orders not to exceed $25,000.00. RECOMMENDATION Drawings ATTACHMENTS: Resolutions for each Contract Contract agreements and Bid results. Resolution 10-14 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO 10-14 AUTHORIZING THE APPROVAL OF A CONTRACT WITH GILCO CONTRACTING, INC., FOR INSTALLING OF THE PARKING PAVEMENT AND UTILITIES FOR THE PARKING LOT EXPANSION OF THE SAM & MARGARET ARTS AND SCIENCES CENTER PROJECT LOCATED ON THE WESTLAKE CIVIC CAMPUS; AND AUTHORIZE TOWN MANAGER TO APPROVE CHANGES ORDERS NOT TO EXCEED $25,000.00. WHEREAS, the Town of Westlake is working to become leaders in premier educational facilities and programs; and WHEREAS, Westlake desires to produce well educated future leaders and thinkers; and WHEREAS, Westlake desires to be business partners with Westlake Academy; and WHEREAS, the Town Council finds that the parking lot expansion for the Sam & Margaret Lee Arts and Science Center benefits the public and is in the best interest of the public, citizens of Westlake, Westlake Academy students and visitor; and WHEREAS, the Town Council finds that the parking lot expansion for the Sam & Margaret Lee Arts and Science Center is necessary for the enhancement of the Civic Campus. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1 are incorporated herein by reference as if copied in their entirety. : All matters stated in the Recitals above are found to be true and correct and SECTION 2: The Town Council of the Town of Westlake hereby approves the contract with Gilco Contracting, Inc; authorize Town manager to approve changes orders not to exceed $25,000.00 and to execute the contract relating to the parking lot expansion for the Sam & Margaret Lee Arts and Science Center construction at the Civic Campus, attached hereto as Exhibit “A”. SECTION 3 : If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 10-14 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 28TH DAY OF JUNE 2010. ____________________________________ ATTEST: Laura Wheat, Mayor ____________________________ ____________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Resolution 10-15 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO 10-15 AUTHORIZING THE APPROVAL OF A CONTRACT WITH HADDEN, FOR INSTALLING OF THE IRRIGATION SYSTEM AND LANDSCAPING FOR THE PARKING LOT EXPANSION OF THE SAM & MARGARET ARTS AND SCIENCES CENTER PROJECT LOCATED ON THE WESTLAKE CIVIC CAMPUS; AND AUTHORIZE TOWN MANAGER TO APPROVE CHANGE ORDERS NOT TO EXCEED $25,000.00. WHEREAS, the Town of Westlake is working to become leaders in premier educational facilities and programs; and WHEREAS, Westlake desires to produce well educated future leaders and thinkers; and WHEREAS, Westlake desires to be business partners with Westlake Academy; and WHEREAS, the Town Council finds that the parking lot expansion for the Sam & Margaret Lee Arts and Science Center benefits the public and is in the best interest of the public, citizens of Westlake, Westlake Academy students and visitor.; and WHEREAS, the Town Council finds that the parking lot expansion for the Sam & Margaret Lee Arts and Science Center is necessary for the enhancement of the Civic Campus. .NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1 : All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: The Town Council of the Town of Westlake hereby approves the contract with Hadden; authorizes Town Manager to approve change order not to exceed $25,000.00. and further authorizes the Town Manager to execute the contract relating to the parking lot expansion for the Sam & Margaret Lee Arts and Science Center construction at the Civic Campus, attached hereto as Exhibit “A”. SECTION 3 : If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 10-15 Page 2 of 2 SECTION 4 : That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 28TH DAY OF JUNE 2010. ____________________________________ ATTEST: Laura Wheat, Mayor ______________________________ ____________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ______________________________ L. Stanton Lowry, Town Attorney Resolution 10-16 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO 10-16 AUTHORIZING THE APPROVAL OF A CONTRACT WITH CABLE ELECTRIC, INC., FOR INSTALLING OF THE LIGHTING PACKAGE FOR THE PARKING LOT EXPANSION OF THE SAM & MARGARET ARTS AND SCIENCES CENTER PROJECT LOCATED ON THE WESTLAKE CIVIC CAMPUS; AND AUTHORIZE TOWN MANAGER TO APPROVE CHANGES ORDERS NOT TO EXCEED $25,000.00. WHEREAS, the Town of Westlake is working to become leaders in premier educational facilities and programs; and WHEREAS, Westlake desires to produce well educated future leaders and thinkers; and WHEREAS, Westlake desires to be business partners with Westlake Academy; and WHEREAS, the Town Council finds that the parking lot expansion for the Sam & Margaret Lee Arts and Science Center benefits the public and is in the best interest of the public, citizens of Westlake, Westlake Academy students and visitor; and WHEREAS, the Town Council finds that the parking lot expansion for the Sam & Margaret Lee Arts and Science Center is necessary for the enhancement of the Civic Campus. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1 are incorporated herein by reference as if copied in their entirety. : All matters stated in the Recitals above are found to be true and correct and SECTION 2: The Town Council of the Town of Westlake hereby approves the contract with Cable Electric, Inc; authorizes Town Manager to approve change orders not to exceed $25,000.00, and further authorizes the Town Manager to execute the contract relating to the parking lot expansion for the Sam & Margaret Lee Arts and Science Center construction at the Civic Campus, attached hereto as Exhibit “A”. SECTION 3 : If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 10-16 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 28TH DAY OF JUNE 2010. ____________________________________ ATTEST: Laura Wheat, Mayor _______________________________ ____________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: _______________________________ L. Stanton Lowry, Town Attorney Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Jarrod Greenwood, Public Works Director Subject: Regular meeting of June 28, 2010 Date: June 3, 2010 Consider a Resolution authorizing the Town Manager to enter into an Inter-local Agreement with Tarrant County for Dove Road pavement and drainage ditch repairs. ITEM This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS  We are Leaders o Infrastructure maintenance and planning BACKGROUND Several drainage ditches along Dove Road have eroded to the point where they have compromised the integrity of the roadway, causing pavement failures, and creating a safety hazard for the travelling public. Some ditches have silted in and do not convey storm water runoff. This creates a hazardous situation as excess water is forced onto the roadway. Tarrant County will regrade the ditches to remove dirt and install some road base and asphalt along portions along the roadway that have eroded. The proposed work is anticipated to cost $11,000 and is included in the adopted FY 09/10 budget. FUNDING Staff recommends approval. RECOMMENDATION Resolution ATTACHMENTS: Exhibit A – Tarrant County ILA Resolution 10-17 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 10-17 A RESOLUTION OF THE TOWN OF WESTLAKE TOWN COUNIL OF THE TOWN OF WESTLAKE, TEXAS, ENTERING INTO AN INTER-LOCAL AGREEMENT WITH TARRANT COUNTY, TEXAS REGARDING DOVE ROAD PAVEMENT AND DRAINAGE DITCH REPAIRS; AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT OF BEHALF OF THE TOWN OF WESTLAKE, TEXAS. WHEREAS, Westlake desires to maintain public drainage facilities; and, WHEREAS, the Town Council finds that the inter-local agreement and drainage improvements benefit the public; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety SECTION 2: THAT, the Town Council of the Town of Westlake, Texas, hereby approves the Inter-Local Agreement with the Tarrant County relating to the provision of pavement and drainage ditch repairs, attached hereto as Exhibit “A”, and further authorizes the Town Manager to execute said agreement on behalf of the Town of Westlake, Texas. SECTION 3 : If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. Resolution 10-17 Page 2 of 2 PASSED AND APPROVED ON THIS 28TH DAY OF JUNE 2010. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Jarrod Greenwood, Public Works Director Subject: Regular meeting of June 28, 2010 Date: June 3, 2010 Consider a Resolution to enter into an agreement for the installation of water line improvements in Stagecoach Hills with Rodgers Construction Company and authorizing the Town Manager to execute the agreement on behalf of the Town of Westlake. ITEM This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS  We are Leaders o Infrastructure maintenance and planning The Town acquired several water service areas from the City of Keller in 2001. The purchase agreement stipulated a transition of water lines from the City of Keller’s water system to the Town of Westlake’s water system to occur within three years. The existing waterlines within Stagecoach Hills are still connected to the City of Keller and include some that are well past their service life or not large enough to provide adequate fire protection. The integration of Stagecoach Hills into the Town’s water system will occur in two phases, with the first being the replacement of the existing 2” and 4” water lines within the neighborhood with either 6” or 8” waterlines. The second phase will connect the proposed improvements in Stagecoach Hills to an existing Town of Westlake 20” waterline on Roanoke road near the Chrysler Financial facility. BACKGROUND Staff anticipated this capital project and included the costs for construction in the current fiscal year budget. The project was bid with a total of nine companies submitting bids. The proposed agreement will provide the installation of waterline improvements in Stagecoach Hills and is expected to take 90 working days to complete. The proposed contract amount of $223,711.44 (see attachment A) was included in the adopted FY 09/10 budget. Funding for this project will be from the Utility Fund balance. FUNDING Staff recommends approval. RECOMMENDATION Resolution ATTACHMENTS: Proposed agreement with Rodgers Construction Company Resolution 10-18 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 10-18 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ENTERING INTO AN AGREEMENT WITH RODGERS CONSTRUCTION COMPANY FOR THE INSTALLATION OF WATERLINE IMPROVEMENTS IN STAGECOACH HILLS; AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE TOWN OF WESTLAKE, TEXAS. WHEREAS, the state requires water purveyors to provide a safe and adequate supply of water to citizens and water customers within their geographic service area; and WHEREAS, certain sections of waterlines within the Town’s distribution system have deteriorated to a point where they have required numerous repairs and compromise the efficiency of Town operations; and WHEREAS, the Town Council find that replacing the waterlines within Stagecoach Hills is sound infrastructure planning consistent with goals and objectives within the adopted strategic plan; and WHEREAS, the Town Council find that replacing the waterlines within Stagecoach Hills works to achieve the Town’s desire to provide safe drinking water; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL TO THE TOWN OF WESTLAKE, TEXAS: SECTION 1. That, the above findings are hereby found to be true and correct and are incorporated herein in the entirety. SECTION 2. That, the Town Council of the Town of Westlake, Texas, hereby approve the agreement with Rodgers Construction Company relating to the construction of the Stagecoach Hills waterline improvements attached hereto as Exhibit “A”; and further authorizes the Town Manager to execute said agreement on behalf of the Town of Westlake, Texas. SECTION 3. That, the construction cost of this project, has been included in the 2009/2010 adopted budget. SECTION 4 : If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 10-18 Page 2 of 2 SECTION 5 : That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 28TH DAY OF JUNE 2010. __________________________________ Laura Wheat, Mayor ATTEST: ______________________________ __________________________________ Kelly Edwards, Town Secretary Tom Brymer, Town Manager APPROVED AS TO FORM: ______________________________ L. Stanton Lowry, Town Attorney Memo Town of Westlake To: Honorable Mayor and Council Members From: Kelly Edwards, Town Secretary Subject: Meeting of June 28, 2010 Date: June 16, 2010 Consider a Resolution reappointing and appointing members to Boards, Commissions, and Committees. ITEM Members with expiring terms have been contacted by the Town Secretary’s office and asked to respond as to their desire to continue to serve as a board, commission or committee member. The attached spreadsheet indicates the names of the board, commissions, and committee members and their current status or new applicants that wish to fill vacancies. BACKGROUND Please note that there are open positions on a few of the Boards, and you may also wish to make appointments to fill those vacancies at this time as well as consider new appointments. Consider reappointments and appointments to the Town’s Boards, Commissions, and Committees. RECOMMENDATION N/A FUNDING Board spreadsheet ATTACHMENTS Resolution Resolution 10-19 Page 1 of 5 TOWN OF WESTLAKE RESOLUTION NO. 10-19 REAPPOINTING AND APPOINTING MEMBERS TO THE 4B ECONOMIC DEVELOPMENT BOARD; WESTLAKE HISTORICAL PRESERVATION SOCIETY; PLANNING AND ZONING COMMISSION; PUBLIC ART SOCIETY OF WESTLAKE; TEXAS STUDENT HOUSING AUTHORITY BOARD OF DIRECTORS; THE TEXAS STUDENT HOUSING CORPORATION; THE TEXAS STUDENT HOUSING CORPORATION – DENTON PROJECT; THE TEXAS STUDENT HOUSING CORPORATION – COLLEGE STATION PROJECT; AND THE WESTLAKE ACADEMY FOUNDATION, AND RESOLVING RELATED MATTERS. BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: THAT the following individuals are hereby appointed/reappointed to the 4B Economic Development Board: Laura Wheat, Mayor June 2011 Term Expiration Carol Langdon, Council Member June 2011 Tim Brittan, Council Member June 2011 Rick Rennhack, Council Member June 2011 David Brown, Non-Council Member June 2011 Vacant, Non-Council Member June 2011 Vacant, Non-Council Member June 2011 As a result of the appointments heretofore stated, the 4B Economic Development Board is represented by the following: Laura Wheat, Mayor June 2011 Term Expiration Carol Langdon, Council Member June 2011 Tim Brittan, Council Member June 2011 Rick Rennhack, Council Member June 2011 David Brown, Non-Council Member June 2011 Gregg Malone, Non-Council Member June 2011 Vacant, Non-Council Member June 2011 Resolution 10-19 Page 2 of 5 SECTION 3: THAT the following individuals are hereby appointed/reappointed to the Westlake Historical Preservation Society: Term Expiration Kristi Layton June 2012 Karen Stoltenberg June 2012 Joyce Roach June 2012 Sharon Sanden June 2012 Vacant June 2010 Vacant June 2011 As a result of the appointment heretofore stated, the Westlake Historical Preservation Society is represented by the following: Term Expiration Sharon Sanden June 2012 Kristi Layton June 2012 Karen Stoltenberg June 2012 Joyce Roach June 2012 Stephen Thornton June 2013 Bert Schultz June 2013 Vacant June 2011 Vacant June 2011 Vacant June 2013 Vacant June 2013 SECTION 4: THAT the following individuals are hereby appointed reappointed to the Planning and Zoning Commission: Term Expiration Wayne Stoltenberg June 2010 Walter Copeland June 2010 Allen Heath June 2010 William Greenwood June 2011 Sharon Sanden June 2011 As a result of the appointments heretofore stated, the Planning and Zoning Commission is represented by the following: Term Expiration William Greenwood June 2011 Sharon Sanden June 2011 Wayne Stoltenberg June 2012 Walter Copeland June 2012 Allen Heath June 2012 Resolution 10-19 Page 3 of 5 SECTION 5: THAT the following individuals are hereby appointed/reappointed to the Westlake Public Art Society: Term Expiration Kay Anderson June 2010 Michelle Corson June 2010 Leah Rennhack June 2010 Debra Hale June 2010 Mike Silliman June 2010 Dave Rollins June 2011 Shannon LaRue June 2011 Kelly Cox June 2010 Vacant June 2011 Vacant June 2011 As a result of the appointment heretofore stated, the Westlake Public Art Society is represented by the following: Term Expiration Dave Rollins 2 yr term June 2011 Shannon LaRue 2 yr term June 2011 Trish Biddle 1 yr term June 2012 Debra Hale 2 yr term June 2012 Kelly Cox 2 yr term June 2010 Vanessa Swarovski-Peidra 2 yr term June 2011 Leah Rennhack 3 yr term June 2013 Vacant 1 yr term June 2011 Vacant 1 yr term June 2011 Vacant 3 yr term June 2013 (Board Liaison) Staff Liaison Town Manager or his appointee SECTION 6: THAT the following individuals are hereby reappointed to the Texas Student Housing Authority, the Texas Student Housing Corporation, the Texas Student Housing Corporation – Denton Project, the Texas Student Housing Corporation – College Station Project; Term Expiration Jim Carter June 2010 Jac Irvine June 2010 Jill McKean June 2010 Chuck Schultz June 2011 George Ledak June 2011 Vacant June 2010 Vacant June 2011 Resolution 10-19 Page 4 of 5 As a result of the appointments heretofore stated, the Texas Student Housing Authority, the Texas Student Housing Corporation, the Texas Student Housing Corporation – Denton Project, the Texas Student Housing Corporation – College Station Project are represented by the following: Term Expiration Jim Carter June 2012 Jill McKean June 2012 Jac Irvine June 2012 Gregg Malone June 2012 George Ledak June 2011 Chuck Schultz June 2011 Vacant June 2011 SECTION 7: THAT the following individuals are hereby appointed/reappointed to the Westlake Academy Foundation Board of Directors: Term Expiration Leah Rennhack June 2010 Vacant June 2010 Julie Timmerman June 2010 Chris Noonan June 2010 Bill Greenwood June 2010 Dr. Shezad Malik June 2010 Jeff Ryan June 2010 Deborah Zielger June 2010 George Ledak June 2011 Jack Risenhoover June 2011 Leigh Sander June 2011 Kelly Cox June 2011 Karen Osborne June 2011 Colleen Hess June 2011 As a result of the appointments heretofore stated, the Westlake Academy Foundation is represented by the following: Term Expiration Leah Rennhack June 2012 Casey Paulson June 2012 Kelly Cox June 2012 Deborah Zielger June 2012 Bill Greenwood June 2012 George Ledak June 2011 Jack Risenhoover June 2011 Leigh Sander June 2011 Cathy Lee June 2011 Resolution 10-19 Page 5 of 5 Karen Osborn June 2011 Rob Scott June 2011 Vacant June 2012 Rich Mueller Term as Chr. of HOC – June 2011 SECTION 8: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 9: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 28 DAY OF JUNE 2010. ATTEST: _____________________________ Laura Wheat, Mayor ______________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ______________________________ L. Stanton Lowry, Town Attorney Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Eddie Edwards, Director of Planning and Development Subject: Meeting of June 28, 2010 Date: June 22, 2010 Consider an ordinance for the adoption of the revised Boundary Map of the Town of Westlake depicting all of the changes that have occurred to this date. ITEM This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS  Inviting Residential & Corporate neighborhoods o On-going comprehensive planning Over the past several years there have been numerous disputes over the location of the boundary of the Town of Westlake. Some properties were annexed into the Town of Westlake and others were de-annexed. Town staff, attorney, and engineers have collaborated on preparing an exhibit that accurately reflects the legal boundary of the Town of Westlake. The Metes and Bounds for this exhibit was prepared by our engineer and reviewed by our attorney. BACKGROUND N/A FUNDING Staff recommends approval. RECOMMENDATION Ordinance ATTACHMENTS Boundary Map of the Town of Westlake Metes and Bounds description of the boundary of the Town of Westlake Ordinance 641 Page 1 of 2 TOWN OF WESTLAKE ORDINANCE NO. 641 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, ADOPTING AN OFFICIAL TOWN LIMIT BOUNDARY MAP; RATIFYING AND CONFIRMING ALL PRIOR ANNEXATIONS AND TOWN LIMIT BOUNDARIES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH WHEREAS, the Town of Westlake, Texas (the “Town ”) is a general law municipality operating pursuant to the Constitution and laws of the State of Texas; and WHEREAS, Section 41.001 of the Texas Local Government Code requires and authorizes the Town to adopt an official map showing the municipal boundaries and extraterritorial jurisdiction boundaries of the Town; and NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the above statements are found to be true and correct and are incorporated into this Ordinance as if copied in their entirety. SECTION 2: That the official municipal boundary map of the Town (to be officially titled “Official Town Limit Boundary Map of the Town of Westlake, Texas”) is hereby adopted and same is shown on attached Exhibit “A”. SECTION 3: That all prior annexations of the Town are hereby ratified and confirmed and depicted on attached Exhibit “B”. SECTION 4: If any section, sentence, clause or phrase of this Ordinance be declared unconstitutional for any reason, it shall not affect the constitutionality and the validity of any other section, sentence, clause or phrase, and the Town Council declares that it would have passed all other sections, sentences, clauses or phrases of this Ordinance notwithstanding the unconstitutionality or invalidity or any paragraph, section, sentence, clause or phrase hereof. Ordinance 641 Page 2 of 2 SECTION 5: That this Ordinance shall become effective on the date of its passage. DULY PASSED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AT A DULY CALLED PUBLIC MEETING WITH A QUORUM OF THE GOVERNING BODY PRESENT ON THE 28 DAY OF JUNE 2010. ______________________________ Laura Wheat, Mayor ATTEST: _______________________________ _______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED: ______________________________ L. Stanton Lowry, Town Attorney 1 Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Tom Brymer, Town Manager Subject: Regular Meeting of June 28, 2010 Date: June 24, 2010 Consideration and Discussion of Resolution 10-20, a Resolution Stating a Notice of Intent to Implement a Property Tax; and Providing for Exemptions to the Property Tax, and Providing for a Limitation on Taxes for the Disabled and Elderly; Providing for Collection of Taxes and a Collection Fee; and Providing for Notice to be Sent to the Tarrant and Denton County Central Appraisal Districts. ITEM This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS  Inviting Residential & Corporate neighborhoods o On-going comprehensive planning o Sensitivity to neighborhood integrity o Outstanding community appearance o Highest quality development and aesthetic standards o Open space preservation  We are Leaders o Premier educational facilities and programs o Producing well educated future leaders and thinkers o Business partnerships with Westlake Academy o Environmental stewardship initiatives o High quality services delivery coupled with financial stewardship o Infrastructure maintenance and planning  Hospitality Finds its Home in Westlake o Citizen engagement and communication o Historic Preservation o Tourism development BACKGROUND : Over the last two (2) years, the Town Council has discussed the Town’s financial sustainability. This discussion has been a focus at the Town Council’s strategic planning retreats. The Town’s Strategic Plan identifies financial sustainability for the Town, including Westlake Academy, as a strategic priority and it was discussed when a status report on the strategic plan was provided to the Town Council earlier this year. 2 The five (5) year financial forecasts presented at the Town Council strategic planning retreats and during the budget preparation process with the Town Council over the last two (2) fiscal years clearly indicate that the Town’s financial position must be addressed in the near term. Not only must it be addressed because expenditures are exceeding revenues, but perhaps most importantly, fund balance will be expended and investment in infrastructure (capital improvements and major maintenance) is being deferred (making infrastructure costs an unfunded liability). All of these considerations combine to impact the levels of service provided by the Town and thus, the quality of life for Westlake residents and businesses. Current economic conditions have exacerbated the Town’s financial position (i.e. decline of sales tax revenue) and spotlighted the limitations of the Town’s current revenue streams to fund Town services, including Westlake Academy, at the current levels. Options for the Town to address its financial sustainability both in terms of expenditures and revenues have been discussed on numerous occasions as noted earlier. Most recently they were discussed at the Town Council’s May 24 th planning retreat, both as they relate to expenditures for service, but revenue sources as well. The Town government has been open and transparent with its citizens and businesses about the need to address the Town’s financial sustainability. This topic has been presented in various Westlake Wire newsletter articles and was the focus of this year’s round of neighborhood meetings with Westlake residents. The Town’s DirectionFinders citizens’ survey has also been utilized as a tool to gather feedback from our residents about this issue. The Town has never levied a municipal ad valorem (property) tax. The Town Council has made no decisions related to such a tax. However, if the Town Council wishes to preserve this as an option as part of addressing the Town’s sustainability in Fiscal Year 2010-11, then the Town Council must adopt, prior to July 1, 2010, a Resolution 10-20 providing a notice of intent to the Tarrant County Appraisal District. Town staff has been in close consultation with the Town Attorney to insure all legal considerations are being made as this matter has been researched. If such a resolution is not passed, then it would be July 2011 before it could be considered again (as a part of the FY 11-12 Budget process), in turn meaning that expenditure of the Town’s reserves would continue unless expenditures are significantly reduced. The Resolution also addresses granting a maximum homestead exemption and an exemption for residents who are over 65 or disabled. The second exemption may not be needed as Westlake has already granted a tax ceiling for that category. The Resolution also includes a Freeport exemption. If the Council does not wish to have these exemptions or wishes to change the amounts, please advise. As mentioned, the homestead exemption shown is the maximum. Also, please be advised that the tax ceiling cannot be repealed or revised at this point. FUNDING : N/A at this time. 3 RECOMMENDATION : Consideration and adoption of Resolution 10-20 in order to preserve and make available to the Town Council all options for FY 10-11 budget considerations during August, when the proposed budget is deliberated by the Town Council. ATTACHMENTS • Exemptions Q & A : • Resolution 10-20; to be presented at the meeting. Exemptions http://www.window.state.tx.us/taxinfo/proptax/exmptns.html[6/24/2010 10:33:30 AM] Site Search Páginas en español | Contact Us Web Site Survey Quick Start for:Citizens Business Government HOME ABOUT US TEXAS TAXES EDUCATION FINANCES & ECONOMY STATE PURCHASING FORMS e-SERVICES Local Property Taxes Share your feedback! Take our two-minute survey about our property tax Web resources. Exemptions Do I, as a homeowner, get a tax break from property taxes? You may apply for homestead exemptions on your principal residence. Homestead exemptions remove part of your home's value from taxation, so they lower your taxes. For example, your home is appraised at $100,000, and you qualify for a $15,000 exemption (this is the amount mandated for school districts), you will pay school taxes on the home as if it was worth only $85,000. Taxing units have the option to offer a separate exemption of up to 20 percent of the total value. Do all homes qualify for homestead exemptions? No, only a homeowner's principal residence qualifies. To qualify, a home must meet the definition of a residence homestead: The home's owner must be an individual (for example: not a corporation or other business entity) and use the home as his or her principal residence on January 1 of the tax year. If you are age 65 or older, the January 1 ownership and residency are not required for the age 65 homestead exemption. What is a homestead? A homestead can be a separate structure, condominium or a manufactured home located on owned or leased land, as long as the individual living in the home owns it. A homestead can include up to 20 acres, if the land is owned by the homeowner and used as a yard or for another purpose related to the residential use of the homestead. What homestead exemptions are available? There are several types of exemptions you may receive. School taxes: All residence homestead owners may receive a $15,000 homestead exemption from their home's value for school taxes. County taxes: If a county collects a special tax for farm-to-market roads or flood control, a residence homestead owner may receive a $3,000 exemption for this tax. If the county grants an optional exemption for homeowners age 65 or older or disabled, the owners will receive only the local-option exemption. Age 65 or older and disabled exemptions: Individuals 65 and older and/or disabled residence homestead owners may qualify for a $10,000 homestead exemption for school taxes, in addition to the $15,000 exemption for all homeowners. If the owner qualifies for both the $10,000 exemption for 65 and older homeowners and the $10,000 exemption for disabled homeowners, the owner must choose one or the other for school taxes. The owner cannot receive both exemptions. Optional percentage exemptions: Any taxing unit-including a city, county, school, or special district-may offer an exemption of up to 20 percent of a home's value. But, no matter what the percentage is, the amount of an optional exemption cannot be less than $5,000. Each taxing unit decides if it will offer the exemption and at what percentage. This percentage exemption is added to any other home exemption for which an owner qualifies. The taxing unit must decide before July 1 of the tax year to offer this exemption. Optional 65 or older or disabled exemptions: Any taxing unit may offer an additional exemption amount of at least $3,000 for taxpayers age 65 or older and/or disabled. How do I get a general $15,000 homestead exemption? You may file an Application for Residential Homestead Exemption with your appraisal district for the $15,000 homestead exemption up to one year after the taxes on the homestead are due. Once you receive the exemption, you do not need to reapply unless the chief appraiser sends you a new application. In that case, you must file the new application. If you should move or your qualification ends, you must inform the appraisal district in writing before the next May 1st. A list of appraisal district addresses and phone numbers is available online. How do I get an additional $10,000 65 or older or disabled homestead exemption? You may apply to the appraisal district up to one year after the date you turn 65 or qualify for disability, or up to one year after the taxes are due, whichever is later. If your application is approved, you will receive the exemption for the entire year in which you turn 65 or become disabled and for subsequent years as long as you own a qualified homestead. Beginning in 2005, if your date of birth was on your original homestead application or other written correspondence to the appraisal district about your homestead you will automatically receive the 65 or older exemption without applying, if you are entitled to the general homestead exemption. How do I qualify for a disabled person's exemption? Exemptions http://www.window.state.tx.us/taxinfo/proptax/exmptns.html[6/24/2010 10:33:30 AM] You are eligible for this exemption if you can't engage in gainful work because of a physical or mental disability or you are 55 years old and blind and can't engage in your previous work because of the blindness. To qualify, you must meet the Social Security definition for disabled. You qualify if you receive disability benefits under the federal Old Age, Survivors and Disability Insurance Program administered by the Social Security Administration. Disability benefits from any other program do not automatically qualify you. To prove your eligibility, you may need to provide the appraisal district with information on disability ratings from the civil service, retirement programs, or from insurance documents, military records, or a doctor's statement. What is the deadline for filing for a homestead exemption? You may file for any homestead exemption up to one year after the delinquency date. The delinquency date is normally February 1st. If you are 65 or older or disabled, you qualify for the exemption on the date you become 65 or become disabled. To receive the exemption for that year, 65 or older or disabled homeowners must apply for the exemption no later than one year from the date you qualify or one year after the delinquency date, whichever is later. If you miss the deadline you may apply for the following year. May I continue to receive the residence homestead exemption on my home if I move away temporarily? If you temporarily move away from your home, you may continue to receive the exemption if you do not establish a principal residence elsewhere, you intend to return to the home, and you are away less than two years. You may continue to receive the exemption if you do not occupy the residence for more than two years only if you are in military service or live in a facility providing services related to health, infirmity or aging. What is a homestead tax ceiling? It is a limit on the amount of taxes you must pay on your residence. If you qualify your home for a 65 and older or disabled person homestead exemption for school taxes, the school taxes on that home can't increase as long as you own and live in that home. The tax ceiling is the amount you pay in the year that you qualified for the 65 or older or disabled person exemption. The school taxes on your home may go below the ceiling but not above the amount of the ceiling. However, if you improve the home (other than normal repairs or maintenance), the tax ceiling may go higher because of the new additions. For example, if you add on a garage or game room to the house after you have established a tax ceiling, the ceiling will be adjusted to a higher level to reflect the value of that addition. Does the school tax ceiling transfer when a person who is age 65 or older or is disabled or is the surviving spouse (age 55 or older) of a person who was age 65 or older moves to another home? A percentage of the school tax ceiling may be transferred. The ceiling on the new home would be calculated to give you the same percentage of tax paid as the ceiling on the original home. For example, if you currently have a tax ceiling of $100, but would pay $400 without the ceiling, the percentage of tax paid is 25 percent. If you move to another home and the taxes on the new homestead would normally be $1,000 in the first year, the new tax ceiling would be $250, or 25 percent of $1,000. To transfer the school tax ceiling, you may request a certificate from the chief appraiser in the last appraisal district in which you received the tax ceiling. You present the transfer certificate to the chief appraiser in the district where the new home is located, when you apply for homestead exemptions on the new home. If I am the surviving spouse of a disabled person, am I entitled to the school tax ceiling? No, only surviving spouses (55 years of age or older) of persons who were 65 years of age or older when they died may benefit from the tax ceiling. If I am 65 years of age or older, disabled, or a surviving spouse who is age 55 or older, does a tax ceiling apply to county, city or junior college district property taxes? Yes, if the county commissioners court, city council or board of the junior college district authorizes a tax limitation on the homesteads of persons 65 years of age or older or disabled. The taxing unit's governing bodies or voters (by petition and election) may adopt the limitation. This local option exemption does not apply to other special districts such as water, hospital, etc. Can the local option ceiling transfer if the owner who is age 65 or older or disabled moves to another home? Yes, but the home must be located within the applicable taxing unit - city, county or junior college district. The ceiling on the new home is calculated the same as the school district. Can the local option ceiling transfer to another home owned by the surviving spouse who is 55 year of age or older? No, regardless of the underlying qualifications (65 and older or disabled person). If I own only 50 percent of the home I live in, do I qualify for the residence homestead exemption on the home? Yes. However, if you qualify for a homestead exemption and are not the sole owner of the property to which the homestead exemption applies, the exemption you receive is based on the interest you own. For example, you own a 50 percent interest in a homestead and will receive one half, or $7,500, of a $15,000 homestead offered by a school district. Is the disabled veteran's exemption the same as the disabled person's exemption? No. To receive a disabled veteran exemption, you must either be a veteran who was disabled while serving with the U.S. armed forces or the surviving spouse or child (under 18 years of age and unmarried) of a disabled veteran or of a member of the armed forces who was killed while on active duty. Exemptions http://www.window.state.tx.us/taxinfo/proptax/exmptns.html[6/24/2010 10:33:30 AM] In order to qualify for a disabled person exemption, you can't engage in gainful work because of physical or mental disability or you are 55 years old and blind and can't engage in your previous work because of your blindness. If you receive disability benefits under the federal Old Age, Survivors and Disability Insurance Program administered by the Social Security Administration, you will qualify for the disabled person exemption. What is the amount of the disabled veteran's exemption? The exemption amount that a qualified disabled veteran receives depends on the veteran's disability rating from the branch of the armed service: Disability Exemption Disability Rating Exemption Amount 10% to 29%$5,000 from the property's value 30% to 49%$7,500 from the property's value 50% to 69%$10,000 from the property's value 70% to 100%$12,000 from the property's value The disabled veteran must be a Texas resident and must choose one property to receive the exemption. May I file for a disabled veteran's exemption after the deadline has passed? Yes. The deadline for filing for a disabled veteran's exemption is between January 1 and April 30 of the tax year. However, you may file for a disabled veteran's exemption up to one year from the delinquency date. To file for a disabled veteran's exemption, you must complete the Application for Disabled Veteran's or Survivor's Exemptions form. If I lease a vehicle that I use for personal purposes, do I have to pay property taxes on the vehicle? In Texas, all property is taxable, unless exempt by state or federal law. Leased vehicles produce income for the leasing company and are taxable to the leasing company. In many leasing contracts, companies require their lessees to reimburse them for property taxes assessed on the vehicles. Leased vehicles that are not held for the primary purpose of income production by the lessee may be exempted. These vehicles include passenger cars or trucks with a shipping weight of not more than 9,000 pounds and leased for personal use. Personal use would mean using the vehicle more than 50 percent of its use (based on mileage) for activities that do not involve the production of income. The exemption applies only to vehicles subject to a lease entered into on or after January 2, 2001. Any leased vehicles contracted before January 2, 2001 would continue to be taxed. In addition, cities that passed an ordinance before January 1, 2002, could continue to tax personal leased vehicles. The law was effective on January 1, 2002. To qualify for the exemption, you must timely file an affidavit with the leasing company. You may print the Lessee's Affidavit of Primarily Non Income Producing Vehicle Use form or the leasing company could provide one for you. To receive the exemption, the leasing company must file a Lessor's Application for Personal Use Lease Automobile Exemptions with the county appraisal district where the property is located before April 30 of each year. The exemption application should contain all vehicles that are used primarily for personal use. If the leasing company does not file the application timely, the vehicle is not exempt for that year. If a religious or charitable organization purchases property during the year, may the organization receive an exemption on the new property for that year? Yes. The religious or charitable organization may receive a property tax exemption for the year in which it purchases qualifying property. To receive the exemption for that year, the organization has to file for the exemption within one year of acquiring the property. Required Plug-ins [ Adobe Reader ] Texas.gov Statewide Search from the Texas State Library State Link Policy Texas Homeland Security Report Fraud Susan Combs, Texas Comptroller • Window on State Government • Contact Us Privacy and Security Policy Accessibility Policy Link Policy Public Information Act Compact with Texans EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Sec. 551.074(a)(1) PERSONNEL MATTERS - to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager Town of Westlake Item # 8 – Executive Session Town of Westlake Item # 9 – Reconvene Meeting The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Sec. 551.074(a)(1) PERSONNEL MATTERS - to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager Town of Westlake Item # 11 – Take any Necessary Action, if necessary FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. - None Town of Westlake Item #11 - Future Agenda Items COUNCIL CALENDAR - Newly Elected Official Training (TML – Irving) July 23-24, 2010 - Council Budget Retreat – Off Site August 13, 2010 (Friday 9:00 – 1:00) - Council Meeting August 30, 2010 - Arbor Day September 25, 2010 - Council Meeting (adoption of budget) Sept. 27, 2010 Town of Westlake Item # 12 – Council Calendar Town of Westlake Item # 13 – Adjournment Back up material has not been provided for this item.