HomeMy WebLinkAbout09-29-10 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediat ely following the conclusion
of the Town Council Workshop but not prior to the 7:00 p.m. posted start time.
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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
September 29, 2010
WESTLAKE TOWN HALL
3 VILLAGE CIRCLE, 2ND FLOOR
COUNCIL CHAMBERS / MUNICIPAL COURT ROOM
Workshop Session: 5:30 p.m.
Regular Session 7:00 p.m.
Workshop Session
1. CALL TO ORDER
2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM SEPTEMBER 29,
2010, COUNCIL REGULAR MEETING AGENDA.
3. EXECUTIVE SESSION
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The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Pursuant to Texas Government Code Section 551.087: Deliberation
Regarding Economic Development Negotiations – The Town Council will
deliberate the offer of a financial or other incentive to a business
prospect.
4. RECONVENE MEETING
5. DISCUSSION REGARDING THE PROPOSED FISCAL YEAR 2010-2011
MUNICIPAL BUDGET AND FIVE (5) YEAR CAPITAL IMPROVEMENT PROGRAM.
6. COUNCIL RECAP / STAFF DIRECTION
7. 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.
Presentation of the Scenic City Gold Level Certification.
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 August 25, 2010.
b. Consider approval of the minutes from the meeting held on August 30, 2010.
c. Consider approval of the minutes from the meeting held on September 8, 2010.
d. Consider approval of the minutes from the meeting held on September 16, 2010.
e. Consider approval of Resolution 10-26, Appointing members to the Westlake
Academy Foundation Board.
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f. Consideration of Ordinance 644, Approving Rates and a Settlement Agreement
with Atmos Mid-Tex.
g. Consider approval of Resolution 10-27, Approving the destruction of the
Westlake Academy records in compliance with the Texas State Library and Archive
Commission schedules.
5. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 645,
ADOPTING THE TOWN OF WESTLAKE REVISED BUDGET FOR FISCAL YEAR
ENDING SEPTEMBER 30, 2010, AND ADOPTING THE PROPOSED BUDGET FOR
FISCAL YEAR ENDING SEPTEMBER 30, 2011, AND PROVIDING
AUTHORIZATION TO THE TOWN MANAGER TO APPROVE APPROPRIATED
FUNDS UP TO $25,000.
6. CONSIDERATION AND DISCUSSION OF ORDINANCE 646, LEVYING MUNICIPAL
AD VALOREM TAXES FOR THE 2010 YEAR IN ACCORDANCE WITH THE 2010-
2011 FISCAL YEAR BUDGET.
7. CONSIDERATION OF RESOLUTION 10-28, RATIFYING THE MUNICIPAL AD
VALOREM TAX INCREASE.
8. CONSIDERATION OF RESOLUTION 10-29, APPROVING A CONTRACT WITH
TARRANT COUNTY FOR THE COLLECTION OF AD VALOREM TAXES.
9. CONSIDERATION AND DISCUSSION OF RESOLUTION 10-30, APPROVING A
CONTRACT WITH LINEBARGER, GOGGAN, BLAIR & SAMPSON, LLP FOR
DELINQUENT TAX COLLECTION.
10. CONSIDERATION OF RESOLUTION 10-31, ESTABLISHING A 20% PENALTY
ON DELINQUENT AD VALOREM TAXES AS ALLOWED BY THE TEXAS TAX CODE.
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.
a. Discussion regarding the formation of and direction to be given to the Town of
Westlake Green Team.
b. Policy considerations for use of Westlake Academy facilities during the summer
months.
12. COUNCIL RECAP / STAFF DIRECTION
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13. COUNCIL CALENDAR
- Town Council Meeting
October 25, 2010
- Westlake Historical Preservation Society (WHPS) Living History Presentation
October 26, 2010 (7:00 pm, WA Performance Hall)
- Annual Texas Municipal League (TML) Conference
October 26-29, 2010 (Corpus Christi, TX)
- Annual WHPS Meeting
November 4, 2010 (Home of Wayne and Karen Stoltenberg)
- Town Council Meeting
November 8, 2010
14. TAKE ANY ACTION FROM EXECUTIVE SESSION, IF NECESSARY
The Council conducted a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Pursuant to Texas Government Code Section 551.087: Deliberation
Regarding Economic Development Negotiations – The Town Council will
deliberate the offer of a financial or other incentive to a business
prospect.
15. 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, on
Friday, September 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 August
25, 2010.
b. Consider approval of the minutes from the meeting held on August
30, 2010.
c. Consider approval of the minutes from the meeting held on
September 8, 2010.
d. Consider approval of the minutes from the meeting held on
September 16, 2010.
e. Consider approval of Resolution 10-26, Appointing members to the
Westlake Academy Foundation Board.
f. Consideration of Ordinance 644, Approving Rates and a Settlement
Agreement with Atmos Mid-Tex.
g. Consider approval of Resolution 10-27, Approving the destruction
of the Westlake Academy records in compliance with the Texas State
Library and Archive Commission schedules.
Town of
Westlake
Item # 2– Workshop
Review of Consent
Agenda Items
3. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Pursuant to Texas Government Code Section 551.087: Deliberation
Regarding Economic Development Negotiations – The Town Council will
deliberate the offer of a financial or other incentive to a business
prospect
Town of
Westlake
Item # 3 – Workshop
Executive Session
Town of
Westlake
Item # 4 – Workshop
Reconvene Meeting
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Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Tom Brymer, Town Manager
Subject: Meeting of September 29, 2010
Date: September 21, 2010
ITEM
Wkshp Discussion regarding the Proposed Fiscal Year 2010-2011 Municipal Budget and
Five (5) Year Capital Improvement Program
Regular Conduct a Public Hearing and Consideration of Ordinance 645, Adopting the
Town of Westlake Revised Budget for the fiscal year ending September 30, 2010,
and Adopting the Proposed Budget for the Fiscal Year ending September 30,
2011, and Providing Authorization to the Town Manger to approve appropriated
funds up to $25,000.
VISION POINT AND KEY RESULT AREAS
This item supports the following 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 stewardships
o Infrastructure maintenance and planning
Hospitality Finds its Home in Westlake
o Citizen engagement and communication
o Historic Preservation
o Tourism development
BACKGROUND: Two fiscal years ago, beginning in FY 2008-2009, the Town began moving
its leadership and management systems to a framework utilizing a more program based budget
designed to link desired outcomes with budgeted resources and accountability for results. This
FY 2010-11 Budget represents the next step in this continuous improvement process. This
budget document utilizes a systemic framework designed to link together critical governance and
management decision making tools. This system is called “Governing and Managing for
Outcomes” and is designed to integrate:
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Strategic planning
Five (5) year financial forecasting, budgeting, and performance measurement linked to
priorities, objectives, and outcomes
Reporting to monitor progress in outcome achievement and accountability for results
Aligning resources to prioritized outcomes
Citizen surveys to gauge service satisfaction levels with Town services and resident
willingness to pay for those services
Long term approach to ensure financial sustainability
Maintaining core services
Five (5) year capital improvement planning
This budget focuses on the next twelve months of the Town’s future. However, the Council’s
initiative to pursue a strategic planning approach to the Town’s governance is critical to
providing the Council, and the community, with a multi-year focus that couples strategic priority
setting with good financial stewardship decisions that achieve the long-term vision set by the
Council for the Town of Westlake.
The focus for the FY 2010-11 Proposed Budget has been positioning the Town for financial
sustainability (both for the general municipal services and the Westlake Academy), a key priority
found in the Town’s strategic plan. In addition to budget workshops held on May 24, 2010,
August 20, 2010 and September 23, 2010, the Town Council has held public meetings/hearings
on a proposal for a municipal ad valorem (property) tax to address the Town’s financial
sustainability. Please note that the Westlake Academy operating budget has also been included,
for presentation and transparency purposes, in this budget document.
Additionally, transparency of this process and the information considered has been given strong
emphasis. The Town has utilized its web site to place information from the various meetings
concerning ad valorem tax discussions on its web site at:
http://www.westlake-tx.org/en/FinancialSustainability.html
FUNDING: The Town of Westlake’s Proposed FY 2010-2011 budget totals $16,194,203
(including $1,137,903 transfers in from fund balance for operating, debt service, capital projects,
major maintenance and equipment replacement needs) for all funds. This budget also includes
Westlake Academy’s FY 2010-2011 expenditures and transfers out totaling $4,749,094.
RECOMMENDATION: This Public Hearing has been advertised as required by law. The
recommendation is to first conduct and close the Public Hearing, followed by Council discussion
as needed. Additionally, it is recommended to adopt the FY 2010-11 municipal budget as
proposed.
ATTACHMENTS:
1.) Proposed FY 2010-11 Budget sent under separate cover. Note: It is also on the Town’s web
site for public viewing.
2.) Ordinance
Town of
Westlake
Item #6 -Workshop
Board Recap /
Staff Direction
Town of
Westlake
Item # 7 –
Workshop
Adjournment
Town of
Westlake
Item # 2 – Pledge of
Allegiance: USA & TX
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.
Presentation of the Scenic City Gold Level Certification
Town of
Westlake
Item # 3 – Citizen’s
Presentations and
Recognitions
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Eddie Edwards, Director of Planning and Development
Subject: Meeting of September 29, 2010
Date: September 17, 2010
ITEM
Presentation of a plaque to the Mayor and Town Council from the State of Texas, Scenic Texas
Program, certifying the Town of Westlake as a Gold Level Certified Scenic City.
VISION POINT AND KEY RESULT AREAS
This item supports the following 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 Environmental stewardship initiatives
o In frastructure maintenance and planning
Hospitality Finds its Home in Westlake
o Historic Preservation
o Tourism development
BACKGROUND
The Scenic City Certification Program is part of the Scenic Texas program. Scenic Texas has identified
a direct correlation between the success of a city’s economic development efforts and the visual
appearance of its public spaces. In recognition of this link, Scenic Texas has developed the Scenic City
Certification Program to support and recognize municipalities that implement high-quality scenic
standards for public roadways and public spaces. The program recognizes Texas cities which already
have strong scenic standards and will provide an incentive to others to adopt and implement the kind of
stringent criteria that has been proven to enhance economic development, improve quality of life and
foster a sense of place.
The Scenic City certification program considers a municipality’s level of certification by assessing
seventy-two different criteria covering fourteen different categories. The categories included:
Streetscape requirements; Parks, Trails and Public Space development and maintenance; Protection of
Trees and natural landscaping; Landscape requirements; and how clearly stated a community’s unity-
of-design regulations are incorporated into their development standards.
The Town of Westlake is one of only four municipalities in the State of Texas to be certified as a Gold
level Certified Scenic City.
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 August
25, 2010.
b. Consider approval of the minutes from the meeting held on August
30, 2010.
c. Consider approval of the minutes from the meeting held on
September 8, 2010.
d. Consider approval of the minutes from the meeting held on
September 16, 2010.
e. Consider approval of Resolution 10-26, Appointing members to
the Westlake Academy Foundation.
f. Consideration of Ordinance 644, Approving Rates and a settlement
agreement with Atmos Mid-Tex.
g. Consider approval of Resolution 10-27, Approving the destruction
of the Westlake Academy records in compliance with the Texas
State Library and Archive Commission schedules.
Town of
Westlake
Item # 4 - Consent
Agenda Items
Town Council Minutes
08/25/10
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MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL SPECIAL MEETING
August 25, 2010
PRESENT: Mayor Laura Wheat and Council Members, Tim Brittan, Clif Cox, and Carol
Langdon.
ABSENT: Rick Rennhack
OTHERS PRESENT: Town Manager Tom Brymer, Town Attorney Stan Lowry, Town
Secretary Kelly Edwards, Assistant to the Town Manager Ginger
Awtry, Finance Director Debbie Piper, and Management Intern
Scott Dixon.
Regular Session
1. CALL TO ORDER
Mayor Wheat called the meeting to order at 7:06 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Wheat led the pledge of allegiance to the United States and Texas flags.
3. CONSIDERATION AND DISCUSSION TO ACCEPT COUNCIL MEMBER LARRY
CORSON’S LETTER OF RESIGNATION.
MOTION: Council Member Brittan made a motion to accept Mr. Corson’s
resignation. Council Member Cox seconded the motion. The
motion carried by a vote of 3-0.
4. CONSIDERATION AND DISCUSSION OF THE FISCAL YEAR 2010-2011
PROPOSED BUDGET AND TAX RATE, TAKING A RECORD VOTE IF THE
PROPOSED TAX RATE WILL RAISE MORE REVENUE THAN PRECEDING YEAR’S
REVENUE AND SCHEDULING PUBLIC HEARINGS.
Town Council Minutes
08/25/10
Page 2 of 3
Town Manager Brymer provided a presentation and overview of the Town’s Financial
Sustainability, the possible implementation of a property tax, exemptions set by the
Town Council, a five (5) year projected forecast, a summary of tax abatements on Real
and Personal property and Ad Valorem tax scenarios for debt issued for $2,5000,000 to
$8,000,000 million dollars.
Tom Lawrence, Lawrence Financial Consulting LLC, provided the I&S Tax Rate analysis
for several schedules based on financing $2,000,000 $5,000,000 and $8,000,000 million
dollars.
Town Manager Brymer stated that the homestead exemption removes approximately
$62,000,000 and the over 65 exemptions removes approximately $24,000,000 from the
Town’s tax roll.
Mayor Wheat read aloud to the audience the impact on home values as provided in
their handout documentation.
Mayor Wheat recessed the meeting at 7:49 p.m.
Mayor Wheat reconvened the meeting at 7:59 p.m.
Town Manager Brymer recommended the Council consider a property tax between $.22
and $.23 cents at this time.
MOTION: Council Member Cox made a motion to call public hearings on the
proposed FY 10-11 tax rate for 7:00 p.m. on September 8, 2010
and September 16, 2010, at 3 Village Circle, Second Floor Council
Chambers, Westlake Texas and to consider a maximum property
tax rate of $0.23. Council Member Brittan seconded the motion.
The motion carried by a vote of 3-0.
5. CITIZEN PRESENTATIONS AND RECOGNITIONS
Kenny Rogers, 1730 Ottinger Road, asked if the proposed tax would pay for the
infrastructure on undeveloped land.
Town Manager Brymer stated this property tax would be used to maintain existing
infrastructure.
6. COUNCIL RECAP / STAFF DIRECTION
Post the packet documentation provided to the Council on the Town’s website.
Town Council Minutes
08/25/10
Page 3 of 3
7. COUNCIL CALENDAR
- Council Meeting
August 30, 2010
- Arbor Day
September 25, 2010
- Westlake Baja at Vaquero
September 27, 2010
- Council Meeting (adoption of budget)
Sept. 29, 2010
- Annual TML Conference (Corpus Christi)
October 26-29, 2010
Mayor Wheat announced that the date of the regular September Town Council meeting
changed from September 27, 2010 to September 29, 2010.
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 Langdon seconded the motion. The motion
carried by a vote of 3-0.
Mayor Wheat adjourned the meeting at 8:18 p.m.
APPROVED BY THE TOWN COUNCIL SEPTEMBER 29, 2010.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Town Council Minutes
08/30/10
Page 1 of 5
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL REGULAR MEETING
August 30, 2010
PRESENT: Mayor Laura Wheat and Council Members, Tim Brittan, Carol Langdon and Rick
Rennhack. Clif Cox arrived at 4:52 p.m.
ABSENT:
OTHERS PRESENT: Town Manager Tom Brymer, Town Attorney Stan Lowry, Town
Secretary Kelly Edwards, Assistant to the Town Manager Ginger
Awtry, Public Works Director Jarrod Greenwood, Municipal Court
Administrator Amanda DeGan, Facilities and Recreation Director
Troy Meyer and Finance Director Debbie Piper.
Workshop Session
1. CALL TO ORDER
Mayor Wheat called the meeting to order at 4:42 p.m.
2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM AUGUST 30,
2010, COUNCIL REGULAR MEETING AGENDA.
Town Manager Brymer stated that the Atmos steering committee has been
advantageous for the Town.
3. PRESENTATION AND DISCUSSION OF THE PROPOSED CONTRACT WITH THE
CITY OF FORT WORTH RELATED TO THE WHOLESALE PURCHASE OF TREATED
WATER.
Public Works Director Greenwood provided a presentation and overview of the proposed
contract with the City of Fort Worth.
Town Council Minutes
08/30/10
Page 2 of 5
Discussion ensued regarding the number of cities that receive their water by well and
the reasons that Westlake would be unable to use well water, the legality of a PILOT to
wholesale customers, and the equity of the water system.
The Council asked staff to prepare a report showing the split of consumption of
residential vs. commercial users.
4. PRESENTATION AND DISCUSSION OF THE REGIONAL TRAIL PLAN AND THE
FM 1938 PROJECT.
Facilities and Recreation Director Meyer provided a presentation and overview of the
Regional Trail Planning System.
Public Works Director Greenwood provided the history and overview of FM 1938
construction.
Discussion ensued regarding the location of the pedestrian underpass location on FM
1938, the removal of the Vaquero stone wall, and how the trail will connect to our
regional system.
The Council asked Staff to discuss the option of a roundabout with TxDot on FM1938 at
Dove Road.
5. ADJOURNMENT
There being no further business, Mayor Wheat adjourned the workshop at 7:08 p.m.
Regular Session
1. CALL TO ORDER
Mayor Wheat called the regular meeting to order at 7:33 p.m., with all Council Members
present.
2. PLEDGE OF ALLEGIANCE
Mayor Wheat led the pledge of allegiance to the United States and Texas flags.
3. CITIZEN PRESENTATIONS AND RECOGNITIONS
No one addressed the Council.
Town Council Minutes
08/30/10
Page 3 of 5
4. CONSENT AGENDA
a. Consider approval of the minutes from the meeting held on June 28, 2010.
b. Consider approval of the minutes from the meeting held on August 20, 2010.
c. Consider approval of Resolution 10-21, Approving the destruction of the Town
and TSHA records in compliance with the Texas State Library and Archive
Commission schedules.
d. Consider approval of Resolution 10-22, Authorizing continued participation with
the Atmos Cities Steering Committee and authorizing payment of two cents per
capita to the Atmos Cities Steering Committee to fund regulatory and related
activities related to Atmos Energy Corporation.
e. Consider approval of Resolution 10-23, Appointing a member to the Public Arts
Society.
f. Consider approval of Resolution 10-24, Authorizing the Town Manager to
execute an Agreement for Water Service between the Town of Westlake and the
City of Fort Worth, Texas relating to the wholesale purchase of treated water.
g. Consider approval of Ordinance 642, Consenting to assignment of Ordinance
No. 408 to Allied Waste Services.
MOTION: Council Member Cox made a motion to approve items b through g
of the consent agenda. Council Member Rennhack seconded the
motion. The motion carried by a vote of 4-0.
MOTION: Council Member Cox a made a motion to approve item a of the
consent agenda with amendments as discussed. Council Member
Rennhack seconded the motion. The motion carried by a vote of
4-0.
5. CONSIDERATION AND DISCUSSION TO APPOINT A NEW COUNCIL MEMBER.
Town Attorney Lowry stated that it is the Council’s choice and option to appoint a new
member as nothing in state law dictates the process to appoint a new member. The
previous Council accepted applications and interviewed candidates.
Discussion ensued regarding the number of Council Members required to constitute a
quorum with the current vacancy.
Council Member Brittan recommended Terry Horton who is very active in the
community, has a real estate background and grandchildren that attend Westlake
Academy.
MOTION: Council Member Brittan made a motion to appoint Mr. Terry
Horton to fill the vacant seat of Council Member contingent upon
his acceptance. Council Member Rennhack seconded the motion.
The motion carried by a vote of 4-0.
Town Council Minutes
08/30/10
Page 4 of 5
6. CONSIDERATION AND DISCUSSION TO APPOINT A MAYOR PRO TEM.
MOTION: Council Member Brittan made a motion to appoint Council
Member Langdon as the Mayor Pro Tem. Council Member Cox
seconded the motion. The motion carried by a vote of 3-0.
Council Member Langdon abstained.
7. CONSIDERATION AND DISCUSSION ORDINANCE 643, CONCERNING THE
PROHIBITED USE OF A CELL PHONE IN A SCHOOL ZONE.
Municipal Court Administrator DeGan provided the background of the proposed
ordinance.
Discussion ensued regarding the use of a hands free device and the use of a phone
while in the school pick-up line.
MOTION: Council Member Cox made a motion to approve Ordinance 643
with amendments as discussed. Council Member Langdon
seconded the motion. The motion carried by a vote of 4-0.
8. CONSIDERATION AND DISCUSSION OF RESOLUTION 10-25, AMENDING THE
FY 2009-2010 MUNICIPAL BUDGET FOR THE ARTS & SCIENCES BUILDING.
Facilities and Recreation Director Meyer provided an overview and answered questions
regarding the amendment as proposed.
Discussion ensued regarding the implementation of the parking user fees and locations
of faculty and student parking.
MOTION: Council Member Langdon made a motion to approve Resolution
10-25. Council Member Cox seconded the motion. The motion
carried by a vote of 4-0.
9. FUTURE AGENDA ITEMS
- None
10. COUNCIL RECAP / STAFF DIRECTION
- None
Town Council Minutes
08/30/10
Page 5 of 5
11. COUNCIL CALENDAR
- Arbor Day
September 25, 2010
- Westlake Baja at Vaquero
September 27, 2010
- Council Meeting (adoption of budget)
Sept. 29, 2010
- Annual TML Conference (Corpus Christi)
October 26-29, 2010
12. 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 Cox seconded the motion. The motion
carried by a vote of 4-0.
Mayor Wheat adjourned the meeting at 8:13 p.m.
APPROVED BY THE TOWN COUNCIL SEPTEMBER 29, 2010.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Town Council Minutes
09/08/10
Page 1 of 4
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL REGULAR MEETING
September 8, 2010
PRESENT: Mayor Laura Wheat and Council Members, Tim Brittan, Clif Cox, Carol Langdon
and Rick Rennhack.
ABSENT:
OTHERS PRESENT: Town Manager Tom Brymer, Town Attorney Stan Lowry, Town
Secretary Kelly Edwards, Public Works Director Jarrod
Greenwood, Municipal Court Administrator Amanda DeGan,
Facilities and Recreation Director Troy Meyer, Finance Director
Debbie Piper, Interim Fire Chief Richard Whitten, Planning and
Development Director Eddie Edwards, Director of Human
Resources and Administrative Services Todd Wood and
Management Intern Scott Dixon.
Regular Session
1. CALL TO ORDER
Mayor Wheat called the meeting to order at 7:03 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Wheat led the pledge of allegiance to the United States and Texas flags.
3. ADMINISTER OATH OF OFFICE TO THE NEWLY APPOINTED COUNCIL
MEMBER.
- No action taken
Town Council Minutes
09/08/10
Page 2 of 4
4. CITIZEN PRESENTATIONS AND RECOGNITION
Town Manager Brymer provided a presentation and over view of the Town’s financial
status.
Allan Werst, 4035 Aspen Lane, stated he has lived in here since 2008 not in favor of a
property tax. He would like the Council to entertain other options such as the addition
of retail to increase sales tax revenue.
Mike Mauler, 1855 Broken Bend Drive, posed the questions of why a Town of 700 is
trying to fund our own school , how residents benefit from the grants provided to
Fidelity and Deloitte, if privatizing the Academy was discussed, if we could tax those
who use our infrastructure and why FM1938 needs to be a six (6) lane road.
David Rollins 13239 Roanoke Road, stated he and his wife value the education at the
Academy but they are not in favor of the ad valorem tax. He fears we have created an
inequitable situation that is unsustainable and will lead to further disharmony and
disunity in our community, especially with the imposition of an Ad Valorem tax to cover
the shortfall.
Darcy Anderson, 2005 Wood Thrush Ct., is against a property tax but agreed with Mr.
Rollins comments. He supports the Academy and feels it adds value to the town and it
is not an option to close a school. He would encourage privatizing the school and
request Council take time to continue to study this implementation of a property tax.
Pat Cockrum, 1825 Broken Bend, is opposed to a property tax. He asked the Council
what has been done to entertain and cut cost or outsource cost. He also feels like the
Fire and EMS should be on the table for discussion.
Scott Bradley, 1 Paigebrooke, asked the Council how the revenues are doing currently,
what the current sales tax has been since January. He also asked the Council to take
time and not pass the tax this year to control the expenses. He feels we could cut
service levels and people would understand the reduction in services.
5. CONDUCT THE FIRST (1ST) PUBLIC HEARING REGARDING THE PROPOSED
TAX RATE AND TAX INCREASE. ANNOUNCE THE TIME, DATE AND PLACE OF
THE MEETING AT WHICH THE TOWN COUNCIL WILL VOTE ON THE
PROPOSED TAX RATE.
Mayor Wheat and the Council provided explanations to the questions asked during
Citizen Presentation.
Mayor Wheat explained funding for the Academy, (state and town funding) and that the
school is a public school and cannot charge students. Mayor Wheat also mentioned that
consolidation of the ISD’s is not an option due to the fact it would require the consent
of both ISD’s.
Town Council Minutes
09/08/10
Page 3 of 4
Discussion ensued regarding the percentage of Westlake residents enrolled at the
academy, its efficiency, the decision to increase the class size to 20 students, why
privatizing the school is not an option due to the debt, and the amount of the current
bonds that are backed by an Ad Valorem tax.
Discussion also ensued regarding additional options that have not been previously
discussed such as serving as an IB School for surrounding districts, offering Pre-school
for-profit, outsourcing Fire and EMS services, how the daytime population affects the
Town’s infrastructure, and transparency showing direct and indirect cost associated with
the Academy, currently paid by the Town.
Town Manager Brymer provided a budget transmittal letter outlining the evolution of
the Town and the unique service delivery provided by support staff. He also provided
clarification regarding the Keller and Southlake proposals and that no information was
provided to include using our current station.
Town Attorney Lowry stated the Sales tax is at the maximum and the only two options
allowed by State law for municipalities to collect are sales tax and property tax.
Interim Fire Chief Whitten spoke regarding the response time and the safety of the
community. The department’s target time is 4 to 6 minutes. After 6 minutes a patient
experiencing breathing problems could experience life threatening outcomes. Chief
Whitten also provided an overview of the proposals provided by Southlake and Keller
and the effect of residential sprinkler systems as required in residential homes and an
explanation how the size of the home determines the number of Fire Fighters needed to
respond.
Discussion ensued regarding the interoperability of communications due to the
difference of County communication systems, letters received from residents and
businesses, and how the town could suffer should there be a disaster in the contracting
city and Westlake simultaneously. Interim Chief Whitten also explained the Keller
contract would keep revenue, respond from their current location and not provide
inspection services.
6. COUNCIL RECAP / STAFF DIRECTION
- None
7. COUNCIL CALENDAR
- Special Council Meeting
September 16, 2010
- Arbor Day
September 25, 2010
- Westlake Baja at Vaquero
Town Council Minutes
09/08/10
Page 4 of 4
September 27, 2010
- Council Meeting (adoption of budget)
September 29, 2010
- Council Meeting
October 25, 2010
- Annual TML Conference (Corpus Christi)
October 26-29, 2010
8. 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 Cox seconded the motion. The motion
carried by a vote of 4-0.
Mayor Wheat adjourned the meeting at 9:20 p.m.
APPROVED BY THE TOWN COUNCIL SEPTEMBER 29, 2010.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Town Council Minutes
09/16/10
Page 1 of 4
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL REGULAR MEETING
September 16, 2010
PRESENT: Mayor Laura Wheat and Council Members, Tim Brittan, Clif Cox, Carol Langdon
and Rick Rennhack.
ABSENT:
OTHERS PRESENT: Town Manager Tom Brymer, Town Attorney Cathy Cunningham,
Town Secretary Kelly Edwards, Assistant to the Town Manager
Ginger Awtry, Public Works Director Jarrod Greenwood, Municipal
Court Administrator Amanda DeGan, Facilities and Recreation
Director Troy Meyer, Finance Director Debbie Piper, Interim Fire
Chief Richard Whitten, Planning and Development Director Eddie
Edwards, Director of Human Resources and Administrative
Services Todd Wood and Management Intern Scott Dixon.
Regular Session
1. CALL TO ORDER
Mayor Wheat called the meeting to order at 7:04 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Wheat led the pledge of allegiance to the United States and Texas flags.
3. PRESENT A PROCLAMATION IN RECOGNITION OF ARBOR DAY.
Mayor Wheat read the proclamation declaring Arbor Day on September 25, 2010.
Facilities and Recreation Director Meyer provided an overview of the event.
Town Council Minutes
09/16/10
Page 2 of 4
4. CITIZEN PRESENTATIONS AND RECOGNITIONS
There was no one present wishing to address the Council at this time. Persons signed
up to speak will speak during the Public Hearing.
5. PRESENT A PROCLAMATION IN RECOGNITION OF ARBOR DAY.
- No Action
6. CONDUCT THE SECOND PUBLIC HEARING REGARDING THE PROPOSED TAX
RATE AND TAX INCREASE. ANNOUNCE THE TIME, DATE AND PLACE OF THE
MEETING AT WHICH THE TOWN COUNCIL WILL VOTE ON THE PROPOSED
TAX RATE.
Town Manager Brymer provided a presentation and overview of Financial Sustainability
and Ad Valorem taxes. During his presentation he referred to pages 5 and 9 of the
Financial policies adopted by the Town Council.
Interim Chief Whitten provided an overview of outsourcing Fire and EMS services, the
impacts to Mutual Aid if the department was outsourced and community risk
assessment.
Town Manager Brymer provided an overview of the Keller Proposal stating that Keller
would respond from their current stations.
Mayor Wheat opened the public hearing
Scott Bradley, 1 Paigebooke, quoted sales tax revenues he reviewed and the retail
sales. He stated he does not agree with the day time population or sales tax as
presented. He asked the Council if the property tax is adopted and they chose to issue
bonds, would they allow residents to vote on those bonds
Allan Werst, 4035 Aspen, asked what the population of Westlake is since it is listed
different in several publications. He would like Council to delay the tax giving the
economy a chance to rebound and continue to negotiation the Fire Department.
David Rollins, 13239 Roanoke Road, has two children enrolled in the Academy and he
opposes the tax. He asks the Town Council to postpone the tax, live within our means
and eliminate an inequity that weighs heavily on a community.
Stef Mauler, 1855 Broken Bend Drive, opposes the property tax and asked Council if
they could collect property taxes from our corporate residents or if there are any
additional exemptions for HOA members or families with children and if they knew for
certain that no one could assume the Academy debt.
Town Council Minutes
09/16/10
Page 3 of 4
Warren Bonham, 1818 Broken Bend Drive, opposes the property tax. He feels that
there needs to be more of an emphasis on cutting expenditures. Reviewing salaries at
the academy, privatizing options, the cost to employ international, if we should continue
to push the HS program, letting more students to the school, athletic programs, and the
bus.
Pat Cockrum, 1825 Broken Bend, opposes the property tax. He applauds the shared-
services model. He feels the Town needs to make real decisions such as other entities
and that we should not eliminate the unique factor of not having a property tax. He
asked the Council to make the hard decisions and give the residents the opportunity to
save the unique factor of no property tax.
Rebecca Rollins, 13239 Roanoke Road, stated that most Charter Schools pay rent. So
to be fair to residents a lease payment should be paid back to the Town for the facility.
Linda Bjorn, 6010 Stagecoach Circle, opposes the property tax. She asked the Council if
anyone has acknowledged that they are in favor of the property tax and if so the
reasons they support the tax.
Darcy Anderson, 2005 Wood Thrush Ct., asked the Council if we waited one year,
wouldn’t we be going through the same process next year when revenues hit the
budget?
Discussion ensued regarding the calculation of resident and daily population, the Fire
and EMS response time and if there are standard methods used to calculate the time,
outsourcing the Academy and the conservative forecasting of sale tax.
Mayor Wheat provided information regarding block scheduling and increasing the class
size of the school, how the Council is addressing the issue by placing the direct cost
covered by the Town into the Academy budget and the indirect cost will be moved to
the Academy’s 2011-2012 budget.
Clif asked what would happen with the debt if the school was dissolved and could we
move the city offices back to the school campus, thus saving rent on town offices.
7. COUNCIL RECAP / STAFF DIRECTION
- None
Town Council Minutes
09/16/10
Page 4 of 4
8. COUNCIL CALENDAR
- Arbor Day
September 25, 2010
- Westlake Baja at Vaquero
September 27, 2010
- Council Meeting (adoption of budget)
September 29, 2010
- Council Meeting
October 25, 2010
- Annual TML Conference (Corpus Christi)
October 26-29, 2010
9. 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 10:22 p.m.
APPROVED BY THE TOWN COUNCIL SEPTEMBER 29, 2010.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Town of Westlake
Memo
To: Honorable Mayor and Council Members
From: Kelly Edwards, Town Secretary
Subject: Meeting of September 29, 2010
Date: September 3, 2010
ITEM
Regular Consider a Resolution appointing new members to the Westlake Academy
Foundation.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
Hospitality Finds its Home in Westlake
o Citizen engagement and communication
BACKGROUND
Currently the Westlake Academy Foundation has vacancies. A recommendation has been made
to consider Charlotte Ryan and Kevin Hansen to fill the vacant positions.
FUNDING
N/A
RECOMMENDATION
Staff recommends that the Board fill these vacancies.
ATTACHMENTS
Board Applications
Resolutions
Resolution 10-26
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 10-26
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPOINTING MEMBERS TO THE WESTLAKE ACADEMY FOUNDATION
BOARD.
WHEREAS, Currently, vacancies exist on the Westlake Academy Foundation board;
and
WHEREAS, the Town Council has received two applications for consideration of
appointment; and
WHEREAS, the meeting at which this Resolution was considered was open to the
public as required by law, and public notice of the time, place, and subject of the meeting has
been given in accordance with Chapter 551, Government Code.
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 does hereby appoint the
following individuals to serve as members of the Westlake Academy Foundation board for the
term noted below:
Charlotte Ryan and Kevin Hansen - terms expiring June 2012.
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.
PASSED AND APPROVED ON THIS 29th DAY OF SEPTEMBER 2010.
___________________________________
Laura Wheat, Mayor
Resolution 10-26
Page 2 of 2
ATTEST:
____________________________________ __________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________________
L. Stanton Lowry, Town Attorney
Page 1 of 2
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Tom Brymer, Town Manager
Subject: Meeting of September 29, 2010
Date: September 21, 2010
ITEM
Regular Consideration and Discussion of an Ordinance Approving Rates and a Settlement
Agreement with Atmos Mid-Tex. (consent item)
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
We are Leaders
o High quality services delivery coupled with financial stewardship
o Infrastructure maintenance and planning
BACKGROUND: Most municipalities have retained original jurisdiction over gas utility rates
and services within their corporate limits. The Atmos Cities Steering Committee ("ACSC") is
composed of municipalities, including Westlake, in the service area of Atmos Energy
Corporation, Mid-Tex Division regardless of whether original jurisdiction has been retained.
Atmos is a monopoly public utility provider of natural gas. Because Atmos has no competitors,
regulation of the rates it charges its customers in the only way that cities can insure that natural
gas rates are equitable and competitive. Working as a coalition to review the rates charged by
Atmos allows cities to accomplish more collectively than each city could do acting alone. Cities
have more than 100 years experience in regulating natural gas rates in Texas.
Rates cannot change and the Settlement Agreement with Atmos Mid-Tex cannot be implemented
without passage of rate ordinances by cities. No related matter is pending at the Railroad
Commission. The purpose of the Ordinance is to approve rate tariffs (“Attachment A”) and
Proof of Revenues (“Attachment B”) that reflect the negotiated rate change pursuant to the RRM
process and to ratify a Settlement Agreement recommended by the ACSC Settlement Committee
and Executive Committee.
As a result of the negotiations, ACSC was able to reduce the Company’s requested $70.2 million
RRM increase to $27 million. Approval of the Ordinance will result in the implementation of
new rates that increase Atmos Mid-Tex’s revenues effective October 1, 2010.
The Settlement Agreement (“Attachment C”) to be ratified by the Ordinance authorizes an
extension of the RRM process, in modified form to eliminate the true-up component, for an
additional two annual filings. The Settlement Agreement also addresses the Atmos Mid-Tex
steel service line replacement program and authorizes current cost recovery via an adder to
residential and commercial customer charges.
Page 2 of 2
Please review the attached Staff Report for additional information.
FUNDING: Financially, the impact of this settlement with Atmos Mid-Tex by the cities allows
the company to: (1) increase base rate revenues by $27 million (as opposed to the $56.8 million
requested in Atmos’ original rate filing); (2) extend the RRM (rate review mechanism) process,
with modifications for an additional two cycles and to thereafter require the filing of a system-
wide Statement of Intent rate case on or before June 1, 2013; and (3) in the interim to allow
current recovery of incremental direct costs of the steel service line replacement program in rates
set via this ordinance and in future RRMs.
RECOMMENDATION
Town Staff and the ACSC Executive Committee, as well as ACSC lawyers and rate consultants,
recommend approval of this Ordinance.
ATTACHMENTS:
1.) Staff report on the negotiated settlement of this Atmos rate case.
2.) Memo from Cities’ rate case attorneys re: advising of Atoms’ rate filing in March of this
year and increase requested from the Texas Railroad Commission
3.) Ordinance without attachments
4.) Attachments (including Settlement Agreement)
Atmos RRM Ordinance Staff Report 1
MODEL STAFF REPORT
The City, along with approximately 148 other cities served by Atmos Energy Mid-Tex
Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering
Committee (“ACSC” or “Steering Committee”). On or about March 15, 2010, Atmos Mid-Tex
filed with the City an application to increase natural gas rates pursuant to the Rate Review
Mechanism (“RRM”) tariff approved by the City as part of the settlement of the Atmos Mid-Tex
2007 Statement of Intent to increase rates. This is the third RRM filing under a three year
experimental program.
The Atmos Mid-Tex RRM filing sought a $70.2 million rate increase. The City worked
with ACSC to analyze the schedules and evidence offered by Atmos Mid-Tex to support its
request to increase rates. The Ordinance and attached rate and RRM tariffs are the result of
negotiations between ACSC and the Company to resolve issues raised by ACSC during the
review and evaluation of ACSC’s RRM filing. The Ordinance resolves the Company’s RRM
filing by authorizing an increase in the Company’s base rate of $27 million effective for bills
rendered on or after October 1, 2010. Additionally, the Ordinance authorizes supplemental
revenue of $3.4 million to be recovered through the customer charge component of rates to cover
direct costs associated with a steel service line replacement program. The monthly bill impact
for the average residential customer will be a $1.40 increase (about a 3.15% increase in the total
bill).
The ACSC Executive Committee and ACSC legal counsel recommend that all ACSC
Cities adopt the Ordinance implementing the rate change.
RRM Background:
The RRM tariff was approved by ACSC Cities as part of the settlement agreement to
resolve the Atmos Mid-Tex 2007 system-wide rate filing at the Railroad Commission. Atmos
Mid-Tex’s current action represents the third filing pursuant to the three -year trial project known
as the RRM process. The RRM process was created collaboratively by ACSC and Atmos Mid -
Tex as an alternative to the legislatively authorized GRIP surcharge process. ACSC opposed
GRIP because it constituted piecemeal ratemaking, did not allow any reasonableness review, and
did not allow participation by cities or recovery of cities’ rate case expenses. The RRM process
has allowed for a more comprehensive rate review and annual adjustment as a substitute for
GRIP filings during the three-year trial period specified by the tariff.
There are two components to the current RRM adjustment. The prospective component
adjusts rates for known and measurable changes in operations and maintenance (“O&M”)
expense and net plant investment. Atmos Mid-Tex and ACSC agreed to cap changes to expenses
and invested capital at no more than five percent per year. The true-up component evaluates
whether the Company has over or underrecovered its earnings for the previous year. For
purposes of the RRM true-up component, the Atmos Mid-Tex rate of return on equity and its
capital structure are frozen to avoid the parent company from manipulating the overall rate of
return. Costs expressly prohibited from recovery through the RRM include first-class air fare,
travel, meals or entertainment for an employee’s spouse, alcohol, sports events, entertainment,
Atmos RRM Ordinance Staff Report 2
arts and cultural events, sponsorship of sports, arts or cultural events, and social club
membership dues.
Purpose of the Ordinance:
Rates cannot change and the Settlement Agreement with Atmos Mid-Tex cannot be
implemented without passage of rate ordinances by cities. No related matter is pending at the
Railroad Commission. The purpose of the Ordinance is to approve rate tariffs (“Attachment A”)
and Proof of Revenues (“Attachment B”) that reflect the negotiated rate change pursuant to the
RRM process and to ratify a Settlement Agreement recommended by the ACSC Settlement
Committee and Executive Committee.
As a result of the negotiations, ACSC was able to reduce the Company’s requested $70.2
million RRM increase to $27 million. Approval of the Ordinance will result in the
implementation of new rates that increase Atmos Mid-Tex’s revenues effective October 1, 2010.
The Settlement Agreement (“Attachment C”) to be ratified by the Ordinance authorizes
an extension of the RRM process, in modified form to eliminate the true -up component, for an
additional two annual filings. The Settlement Agreement also addresses the Atmos Mid-Tex
steel service line replacement program and authorizes current cost recovery via an adder to
residential and commercial customer charges.
Reasons Justifying Approval of the Negotiated Resolution:
During the time that the City has retained original jurisdiction in this case, consultants
working on behalf of ACSC cities have investigated the support for the Company’s requested
rate increase. While the evidence does not support the $70.2 million increase requested by the
Company, ACSC consultants agree that the Company can justify an increase in revenues of $21
million. The agreement on $27 million is a compromise between the positions of the parties.
The Settlement Agreement includes an allowance for recovery of direct costs, excluding
overheads, of the steel service line replacement program. Current year recovery factors shall be
$00.15 for residential customers and $00.41 for commercial customers per month. The rates will
be adjusted annually, but shall be capped at $00.44 cents for residential customers and $1.22 for
commercial customers.
The alternative to a settlement of the RRM filing would be a contested case proceeding
before the Railroad Commission on the Company’s current application, would take several
months and cost ratepayers millions of dollars in rate case expenses, and would not likely
produce a result more favorable than that to be produced by the settlement. The ACSC
Executive Committee recommends that ACSC members take action to approve the Ordinance
authorizing new rate tariffs.
Atmos RRM Ordinance Staff Report 3
Steel Service Line Replacement:
Under pressure from the Railroad Commission to establish a comprehensive program to
replace service lines that contain steel which is subject to corrosion and le aks, ACSC has worked
with Atmos Mid-Tex to establish a risk based approach to steel service line replacement that
accomplishes the following goals:
1. Replace all service lines throughout the Mid-Tex Region with the highest degree
of risk within two years;
2. Coordination between ACSC city members and Atmos Mid-Tex to minimize
disruption of rights of way without compromising safety;
3. To minimize and spread the rate impact on customers of the replacement
program, the service lines with little relative risk of leaks should be replaced over a 10-year
period; and
4. Current recovery of incremental (above and beyond normal maintenance and
repair addressed in RRM proceedings) direct (excluding Atmos Mid-Tex overheads) cost of
service line replacement should be permitted as an adder to customer charges.
Fulfillment of these goals in this case will lead to $00.15 and $00.41 added to residential
and commercial customer charges, respectively. The customer charge assessment may not
exceed $00.44 and $1.22 for residential and commercial customers, respectively, prior to the
entry of a Final Order in the next system-wide Statement of Intent rate proceeding.
Pursuant to the Settlement Agreement, 100,000 steel service lines will be replaced prior
to September 30, 2012.
Explanation of “Be It Ordained” Paragraphs:
1. This paragraph approves all findings in the Ordinance.
2. This section adopts the attached tariffs (“Attachment A”) and the Company’s
Proof of Revenues (“Attachment B”) in all respects and finds the rates set pursuant to the
attached tariffs to be just, reasonable and in the public interest. Note that only new tariffs or
existing tariffs being revised are attached to the Ordinance. Existing tariffs not being changed in
any way are not attached to the Ordinance.
3. This section requires the Company to reimburse ACSC for reasonable rate
making costs associated with reviewing and processing the RRM application.
4. This section ratifies the Settlement Agreement (“Attachment C”) between ACSC
and Atmos Mid-Tex.
5. This section repeals any resolution or ordinance that is inconsistent with this
Ordinance.
Atmos RRM Ordinance Staff Report 4
6. This section finds that the meeting was conducted in compliance with the Texas
Open Meetings Act, Texas Government Code, Chapter 551.
7. This section is a savings clause, which provides that if any section(s) is later
found to be unconstitutional or invalid, that finding shall not affect, impair or invalidate the
remaining provisions of this Ordinance. This section further directs that the remaining
provisions of the Ordinance are to be interpreted as if the offending section or clause never
existed.
8. This section is a “Most Favored Nations” clause, which protects the City by
mandating that if the City determines any rates, revenues, terms and conditions, or benefits
resulting from a Final Order or subsequent negotiated settlement approved in any proceeding
addressing the issues raised in the Company’s RRM filing would be more beneficial to the City
than the terms of the attached tariffs, then the more favorable rates, revenues, terms and
conditions, or benefits shall additionally accrue to the City.
9. This section provides for an effective date upon passage.
10. This paragraph directs that a copy of the signed Ordinance be sent to a
representative of the Company and legal counsel for ACSC.
Ordinance 644
Page 1 of 4
TOWN OF WESTLAKE
ORDINANCE NO. 644
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, (“TOWN”) APPROVING
A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING
COMMITTEE (“ACSC” OR “STEERING COMMITTEE”) AND ATMOS ENERGY
CORP., MID-TEX DIVISION (“ATMOS MID-TEX” OR “COMPANY”) REGARDING
THE COMPANY’S THIRD RATE REVIEW MECHANISM (“RRM”) FILING IN ALL
CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES
TO BE UNREASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES’
REASONABLE RATEMAKING EXPENSES; ADOPTING TARIFFS THAT REFLECT
RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT
AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST
AND REASONABLE; APPROVING ATMOS MID-TEX’S PROOF OF REVENUES;
EXTENDING THE RRM PROCESS FOR TWO CYCLES AND ADOPTING A NEW
RRM TARIFF; RATIFYING THE SETTLEMENT AGREEMENT, INCLUDING COST
RECOVERY FOR A STEEL SERVICE LINE REPLACEMENT PROGRAM;
ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS
PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN
MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING
DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING
COMMITTEE’S LEGAL COUNSEL.
WHEREAS, the Town of Westlake, Texas (“Town”) is a gas utility customer of Atmos
Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “ Company”), and a regulatory authority
with an interest in the rates and charges of Atmos Mid-Tex; and
WHEREAS, the Town is a member of the Atmos Cities Steering Committee (“ACSC”
or “Steering Committee”), a coalition of approximately 148 similarly situated cities served by
Atmos Mid-Tex that have joined together to facilitate the review of and response to natural gas
issues affecting rates charged in the Atmos Mid-Tex service area (such participating cities are
referred to herein as “ACSC Cities”); and
WHEREAS, pursuant to the terms of the agreement settling the Company’s 2007
Statement of Intent to increase rates, ACSC Cities and the Company worked collaboratively to
develop a Rate Review Mechanism (“RRM”) tariff that allows for an expedited rate review
process controlled in a three year experiment by ACSC Cities as a substitute to the current GRIP
process instituted by the Legislature; and
WHEREAS, the Town took action in 2008 to approve a Settlement Agreement with
Atmos Mid-Tex resolving the Company’s 2007 rate case and authorizing the RRM Tariff; and
WHEREAS, the 2008 Settlement Agreement contemplates reimbursement of ACSC
Cities’ reasonable expenses associated with RRM applications; and
Ordinance 644
Page 2 of 4
WHEREAS, on or about March 15, 2010, Atmos Mid-Tex filed with the Town its third
application pursuant to the RRM tariff to increase natural gas base rates by approximately $70.2
million, such increase to be effective in every municipality that has adopted the RRM tariff
within its Mid-Tex Division; and
WHEREAS, ACSC Cities coordinated its review of Atmos Mid-Tex’s RRM filing by
designating a Settlement Committee made up of ACSC representatives, assisted by ACSC
attorneys and consultants, to resolve issues identified by ACSC in the Company’s RRM filing;
and
WHEREAS, the Company has filed evidence that existing rates are unreasonable and
should be changed; and
WHEREAS, independent analysis by ACSC’s rate expert concluded that Atmos Mid-
Tex is able to justify an increase over current rates of $21 million; and
WHEREAS, Atmos Mid-Tex has commenced a program to replace steel service lines
based on a relative leak repair risk analysis; and
WHEREAS, the Steering Committee has entered a Settlement Agreement (“Attachment
C” to this Ordinance) with Atmos Mid-Tex to: (1) increase base rate revenues by $27 million; (2)
extend the RRM process, with modifications for an additional two cycles and to thereafter
require the filing of a system-wide Statement of Intent rate case on or before June 1, 2013; and
(3) in the interim to allow current recovery of incremental direct costs of the steel service line
replacement program in rates set via this ordinance and in future RRMs; and
WHEREAS, the ACSC Executive Committee, as well as ACSC lawyers and consultants,
recommend that ACSC members approve the attached rate tariffs (“Attachment A” to this
Ordinance), which will increase the Company’s revenue requirement by $27 million; and
WHEREAS, the attached tariffs implementing new rates and Atmos Mid-Tex’s Proof of
Revenues (“Attachment B” to this Ordinance) are consistent with the negotiated resolution
reached by ACSC Cities and are just, reasonable, and in the public interest; and
WHEREAS, it is the intention of the parties that if the Town determines any rates,
revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated
settlement approved in any proceeding addressing the issues raised in the Company’s Third
RRM filing would be more beneficial to the Town than the terms of the attached tariff, then the
more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the
Town; and
WHEREAS, the negotiated resolution of the Company’s RRM filing and the resulting
rates are, as a whole, in the public interest.
Ordinance 644
Page 3 of 4
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
Section 1. That the findings set forth in this Ordinance are hereby in all things approved.
Section 2. That the Town Council finds the existing rates for natural gas service provided
by Atmos Mid-Tex are unreasonable and new tariffs and Atmos Mid-Tex’s Proof of Revenues,
which are attached hereto and incorporated herein as Attachments A and B, are just and
reasonable and are hereby adopted.
Section 3. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of
the ACSC Cities in processing the Company’s rate application.
Section 4. That the Settlement Agreement, attached as Attachment C, which includes in
addition to resolution of the Third RRM: (1) extension of a modified RRM process; (2)
requirement that Atmos Mid-Tex file a system-wide Statement of Intent rate case on or before
June 1, 2013; and (3) current recovery of incremental direct costs for a steel service line
replacement program, is hereby ratified.
Section 5. That to the extent any resolution or ordinance previously adopted by the
Council is inconsistent with this Ordinance, it is hereby repealed.
Section 6. That the meeting at which this Ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
Section 7. That if any one or more sections or clauses of this Ordinance is adjudged to
be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining
provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted
as if the offending section or clause never existed.
Section 8. That if the Town determines any rates, revenues, terms and conditions, or
benefits resulting from a Final Order or subsequent negotiated settlement approved in any
proceeding addressing the issues raised in the Company’s Third RRM filing would be more
beneficial to the Town than the terms of the attached tariff, then the more favorable rates,
revenues, terms and conditions, or benefits shall additionally accrue to the Town.
Section 9. That this Ordinance shall become effective from and after its passage with
rates authorized by attached Tariffs to be effective for bills rendered on or after October 1, 2010.
Section 10. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of David
Park, Vice President Rates and Regulatory Affairs, at Atmos Energy Corporation, 5420 LBJ
Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at
Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.
Ordinance 644
Page 4 of 4
PASSED AND APPROVED ON THIS 29th DAY OF SEPTEMBER 2010.
_____________________________
ATTEST: Laura Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
RATE SCHEDULE:R - RESIDENTIAL SALES
APPLICABLE TO:All Gities except the Gity of Dallas and all unincorporated area$
EFFECTIVE DATE:Bills Rendered on or after 10/01/2010
Exhibit A to $ettlement Agreement
Attachment A to OrdinflnceATMOS ENERGY CORPORATION
MID.TEX DIVISION
Application
Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured
through one meter.
Type of $ervice
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the
amounts due under the riders listed below:
Gharge Amount
Customer Charge per Bill $ 7.15 per month
Commodity Charge - All Mcf $2.5246 per Mcf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Weather Normalization Adjustment Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with
Rider RRM.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
RATE SCHEDULE:C - GOMMERCIAL SALES
APPLICABLE TOr All Cities except the Gity of Dallas and all unincorporated areas
EFFECTIVE DATE:Bills Rendered on or after 10/01/2010
Exhibit A to Settlement Agreement
Attachment A to OrdinanceATMOS ENERGY CORPORATION
MID.TEX DIVISION
Application
niflicaUe to Commercial Customers for all natural gas provided at one Point of Delivery and measured
prrough one meter and to Industrial Customers with an average annual usage of less than 3,000 Mcf.
Type of Seruice
Wnere service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the
amounts due under the riders listed below:
Gharge AmOunt
Customer Charge per Bill $ 13.91 per month
Commodity Charge - All Mcf $ 1.0796 per Mcf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with
Rider RRM.
Franchise Fee Adjustment. Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable ride(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
RATE SCHEDULE:I - INDUSTRIAL SALES
APPLIGABLE TO:All Cities except the City of Dallas and all unincorporated areas
EFFECTIVE DATE:Bills Rendered on or after 10/01/2010
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
Exhibit A to Settlement Agreement
Attachment A to Ordinflnce
Application
Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtU per day
for all natural gas provided at one Point of Delivery and measured through one meter. Service for
Industrial Customers with an MDU equal to or greater than 3,500 MMBIU per day will be provided at
Company's sole option and will require special contract arrangements between Company and Customer.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
seruice being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and MMBIU charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Meter $ 450.00 per month
First 0 MMBtu to 1,500 MMBtu $ 0.2750 per MMBtu
Next 3,500 MMBIU $ 0.2015 per MMBtu
All MMBIU over 5.000 MMBIU $ 0.0433 per MMBtU
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with
Rider RRM.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable ride(s).
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer's deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200o/o of the midpoint price for the Katy point listed in P/affs Gas Daily published for the
applicable Gas Day in the table entitled "Daily Price Survey."
Exhibit A to Settlernent Agreement
Attachment A to OrdinanceATMOS ENERGY CORPORATION
MID.TEX DIVISION
Replacement Index
f n the event the "midpoint" or "common" price for the Katy point listed in P/affs Gas Daily in the table
entiled "Daily price Suley" is no longer published, Company will calculate the applicable imbalance fees
utilizing a Oiily price index recogniied as authoritative by the natural gas industry and most closely
approximating the applicable index.
Agreement
An Agreement for Gas Service may be required'
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service'
Special Gonditions
ln order to receive service under Rate l, Customer must have the type of meter required by Company'
Customer must pay Company all costs associated with the acquisition and installation of the meter'
RATE SGHEDULE:I- INDUSTRIAL SALES
APPLICABLE TO:All Gities except the Gity of Dallas and all unincorporated areas
EFFECTIVE DATE:Bills Rendered on or after 10/01/2010
RATE $CHEDULE:T - TRANSPORTATION
APPLICABLE TO:All Cities except the City of Dallas )nd all unincorporated areas
EFFECTIVE DATE:Bills Rendered on or after 10/0{/2010
Exhihit A to Settlement Agreement
Attachment A to OrdinanceATMOS ENERGY CORPORATION
MID.TEX DIVISION
Application
npfilicante, in the event that Company has entered into a Transportation Agreement, to a customer
diri:c1y connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the
transpbrtation of all natural ga$ supptidO ny Customer or Customer's agent at one Point of Delivery for
use in Customer's facilitY.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's bill will be calculated by adding the following Customer and MMBIU charges to the amounts
and quantities due under the riders listed below:
Oharge AmoUnt
Customer Charge per Meter $ 450.00 per month
First 0 MMBtu to 1,500 MMBtu $ 0.2750 per MMBtU
Next 3,500 MMBtu $ 0.2015 per MMBtu
All MMBIU over 5,000 MMBIU $ 0.0433 per MMBtu
Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in
accordance with Part (b) of Rider GCR.
Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with
Rider RRM.
Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA'
Franchise Fee Adjustment: Plus an amount for franehise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inslde the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: plus an amount for surcharges calculated in accordance with the applicable ride(s).
lmbalance Fees
All fees charged to Customer under this Rate Schedule will be chargg{ based on the quantities
determined under the applicable Transportation Agreement and quantities will not be aggregated for any
Customer with multiple Transportation Agreements for the purposes of such fees.
Exhibit A to Settlement Agreement
Attachment A to OrdinanceATMOS ENERGY CORPORATION
MID-TEX DIVISION
Monthly lmbalance Fees
CustomLrshall payCompanythegreaterof (i) $O.10perMMBtu,or(ii) 150%of thedifferenceperMMBtu
between tne nigjnest and lowest "midpoint" price for the Katy point listed in P/affs Gas Daily in the table
entiled "Daily Frice Survey" during such month, for the MMBtu of Customer's monthly Cumulative
lmbalance, ai defined in the applicable Transportation Agreement, at the end of each month that exceeds
10% of Customer's receipt quantities for the month.
Gurtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer's deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company ZOO% of the midpoint price for the Katy point listed in P/affs Gas Daily published for the
applicable Gas Day in the table entitled "Daily Price Survey'"
Replacement Index
tn ine event the "midpoint" or "common" price for the Katy point listed in P/affs Gas Daily in the table
entiled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees
utilizing a Oiily price indix recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
Agreement
A transportation agreement is required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
Special Conditions
ln order to receive service under Rate T, customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
RATE SGHEDULE:T _ TRANSPORTATION
APPLICABLE TO:All Cities except the City of Dallas and all unincorporated areas
EFFECTIVE DATE:Bills Rendered on or after 10/01/2010
RIDER:WNA - WEATHER NORMALIZATION ADJUSTMENT
APPLICABLE TO:All Cities except the City of Dallas and all unincorporated areas
EFFECTIVE DATE:Bills Rendered on or after 10/01/2010
Exhibit A to Settlement Agreement
Attrchment A to Ordinsnce
ATMOS ENERGY GORPORATION
MID-TEX DIVISION
Provisions for Adiu.stment
The base rate per Mcf (1,000,000 Btu) for gas service set forth in any Rate Schedules utilized by the
cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be
adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization
Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential
and commercial bills based on meters read during the revenue months of November through April. The
five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls.
Computation of Wqather Normalizatiotl Adjustment
The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent
per Mcf by the following formula:
(HSF; x (NDD-ADD) )
WNAFI = R;
(BLi + (HSF; x ADD) )
Where i - any particular Rate Schedule or billing classification within any such
particular Rate Schedule that contains more than one billing classification
WNAF; = Weather Normalization Adjustment Factor for the ith rate schedule or
classification expressed in cents per Mcf
R; = base rate of temperature sensitive sales for the ith schedule or
classification approved by the entity exercising original jurisdiction.
HSFi = heat sensitive factor for the ith schedule or classification calculated as the
slope of the linear regression of average sales per bill (Mcf) and actual
heating degree days by month for the test year by schedule or classification
and weather station as part of the RRM filing.
NDD = billing cycle normal heating degree days calculated as the simple ten-year
average of actual heating degree days.
ADD = billing cycle actual heating degree days.
Bli = base load sales for the ith schedule or classification calculated as the y-
intercept of the linear regression of average sales per bill (Mcfl and actual
heating degree days by month for the test year by schedule or classification
and weather station as part of the RRM filing.
The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as:
WNA' = WNAF; x qx
Exhibit A to Settlement Agreement
Attachment A to OrdinflnceATMOS ENERGY CORPORATION
MID.TEX DIVISION
Where qx is the relevant sales quantity for the jth customer in ith rate schedule.
Filinqs with Entities Exercising Original Jurisdiction
As part of its annual RRM filing the Company will file (a) a copy of each computation of the Weather
Normalization Adjustment Factor, (b) a schedule showing the effective date of each such Weather
Normalization Adjustment, (c) a schedule showing the factors of values used in calculating such
Weather Normalization Adjustment and (d) a random sample and audit of thirty (30) actual customer
bills, with customer information deleted, for each rate schedule or classification to which the WNA was
applied in the preceding 12 month period. To the extent that source data is needed to audit the WNA
application, such data will be provided by the Company as part of the annual RRM filing.
lf the RRM is discontinued, as provided in the Rider RRM tariff, the information required herein to be
filed with the entities exercising originaljurisdiction shall be filed on March 1 of each year.
Base Use/Heat Usq Factors
Reside,ntial
Base use Heat use
Commercial
Base use Heat use
RIDER:WNA - WEATHER NORMALIZATION ADJUSTMENT
APPLIGABLE TO:All Gities except the City of Dallas and all unincorporated areas
EFFECTIVE DATE:Bills Rendered on or after 10/0{/2010
M
Abilene 1.06 .0131 9.03 .0588
Austin 1.17 .0138 19.39 .0674
Dallas 1.49 .0191 20.37 .0872
Waco 1.13 .0137 11.81 .0610
Wichita
Falls
1.19 .0136 11.21 .0549
Samole WNAF' Calculation:
(.0131
2.5246
(1.06
Residential Single Block Rate Schedule
2.5246 per MCF
.0131 (Residential - Abilene Area)
(30-17)
.3352 per Mcf =
Where
(.0131 x 17) )
i
R;
HSF;
NDD
ADD
Bli =
= 30 HDD (Simple ten-year average of Actual HDD for Abilene Area - 9/15/06
- 10/14/06)
= 1 7 HDD (Actual HDD for Abilene Area - 9/15/06 * 10114106]
1,06 Mcf (Residential - Abilene Area)
Exhibit A to Settlement Agreement
Attachment A to OrdinanceATIVIOS ENERGY CORPORATION
MID.TEX DIVISION
RIDER:RRM - RATE REVIEW MECHANISM
APPLICABLE TO:All Gities except the Gity of Dallas and all unincorporated areas
EFFECTIVE DATE:Bills Rendered on or after 10/01/2010
l. Purpose.
This mechanism is designed to provide annual earnings transparency. All rate calculations under this
tariff shall be made on a system wide basis. lf, through the implementation of the provisions of this
mechanism, it is determined that rates should be decreased or increased, then rates will be adjusted
accordingly in the manner set forth herein. The rate adjustments implemented under this mechanism will
reflect annual changes in the Company's cost of service and rate base. This Rider RRM will be effective
for the period commencing with the Company's RRM filing on April 1, 2011 , and concluding with the
implementation of new, final rates established pursuant to the general rate case that Atmos will file on or
before June 1, 2013.
ll. Definitions
a) The Annual Evaluation Date shall be the date the Company will make its annual filing under this
mechanism. The Annual Evaluation Date shall be no later than April 1, of each year. This filing shall be
effective in electronic form where practicable.
b) Audited Financial Data shall mean the Company's books and records related to the Company's Mid-
Tex operating area and shared services operations. Audited Financial Data shall not require the
schedules and information provided under this tariff to undergo a separate financial audit by an outside
auditing firm similar to the Company's annual finaneial audit.
c) The Evaluation Period is defined as the twelve month period ending December 31, of each calendar
year.
d) The Rate Effective Period is defined as the later of the twelve month period for which rates
determined under this mechanism will be in effect or subsequent rates are implemented.
e) Per Connection Basis is defined as the existing average number of Mid-Tex active meters to
customers during the Evaluation Period.
f) Final Order is defined as the most recent order establishing the Company's latest effective rates for
the area in which the mechanism is implemented, and shall include municipal rate ordinances and
resolutions.
lll, Fate Review Mechanjsln
The Company shall file with each regulatory authority having original jurisdiction over the Company's
rates the schedules specified below for the Evaluation Period, with the filing to be made by the Annual
Evaluation Date following the end of the Evaluation Period. The schedules, which will be based upon the
Company's Audited Financial Data, as adjusted, and provided in the same format as Atmos' RRM filing
with municipalities on March 15, 2010, will exclude a true-up computation, but will include the following:
a) Evaluation Period ending balances for actual gross plant in service, accumulated depreciation,
accumulated deferred income taxes, inventory, working capital, and other rate base components
will be used for the calculation of rates for the Rate Effective Period. The ratemaking treatments,
principles, findings and adjustments included in the Final Order will apply. Regulatory
adjustments due to prior regulatory rate base adjustment disallowances will be maintained. Cash
working capital will be calculated using the lead/lag days approved in the Final Order.
Accumulated deferred income taxes (ADIT) will be calculated using the methodology used in the
Final Order. The RRM $chedules & Information section of this tariff identifies those ADIT
components to be included in the calculation of rate base for both the Evaluation Period and Rate
Effective Period calculations.
Exhibit A to $ettlernent Agreement
Attachment A to OrdinanceATMOS ENERGY GORPORATION
MID.TEX DIVISION
RIDER:RRM - RATE REVIEW MEGHANISM
APPLICABLE TO:All Gities except the Gity of Dallas and all unincorporated areas
EFFECTIVE DATE:Bills Rendered on or after 10/0{/2010
b) Depreciation rates booked in the period will be those approved in the Final Order, or the rate
most recenly approved. All calculation methodologies will be those approved in the Final Order
except wheie hoted or included in this tariff, oi in the most recent order addressing the
methodology. In addition, the Company shall exclude from operating and maintenance expense
the discreti-onary costs to be disallowed from Rider RRM filings listed in the RRM Schedules and
lnformation section of this tariff.
c) Return on Equity (ROE) shall be maintained at 9.7%.
d) Cost of debt will reflect actual cost for the Evaluation Period. Evaluation Period ending balances
for cost of debt and capital structure will be used for the calculation of rates for the Rate Effective
period. Capitat structure will be the actual Evaluation Period ratio of long-term debt and equity,
with perceni"ge equity not to exceed 50%, based on the calculation methodology outcomes used
above.
e) All applicable accounting adjustments along with all supporting work papers. Such adjustments
may include:
1) pro-forma adjustments to update and annu alize costs and revenue billing determinants
for the Rate Effective Period.
Z) pro-forma or other adjustments required to properly account for atypical, unusual, or
nonrecurring events recorded during the Evaluation Period.
0 Shared Services allocation factors shall be recalculated each year based on the latest component
factors used during the Evaluation Period, but the methodology used will be that approved in the
Final Order.
g) Any changes to corporate structure or allocation of common costs will inelude narrative
explanations with the filing.
lV. Calc-Ulation gf Rate Adjustm9nt
a) The Company shall provide additional schedules indicating the following revenue
deficiency/suffiiiency calculations using the methodology acceqted_ in the Final Order with the
exception of any allowance for a true-uf component in the April 1, 2011 or the April 1,2012 RRM
filingi. Evaluation Period ending balances will be used for the calculation of rates for the Rate
Effective period. These schedulbs shall identify the rate adjustments necessary for the setting of
prospective rates for the Rate Effective Period. The result shall be reflected in the proposed new
rates to be established for the Rate Effective Period. In calculating the required rate adjustments,
such adjustments will be made pro-ratably to the customer charge and usage charge based upon
actual 1-Luenu* generated, as adjusted under the Company's approved Weather Normalization
Adjustment (WN-A) Rider. Provided, however, that neither the Residential nor the Commercial
customer charges may increase more than 20% per year.
b) The Company may also adjust rates for the Rate Effective Period to include recovery of any
known anb mbasuiable changes to operating and maintenance costs including, but not limited to,
payroll and compensation -expense, benefit expense, pension expense, insurance costs,
materials and supplies, bad debt costs, medical expense, transportation and building and lease
costs for the Rate'Effective Period. Provided, however, that adjustments may only be made for
costs that are reasonable and neeessary. Additionally, utility plant and rate base for the Rate
Exhibit A to Sefflement Agreement
Attachment A to OrdinanceATMOS ENE RGY CORPORATION
MID.TEX DIVISION
RIDER:RRM - RATE REVIEW MECHANISM
APPLICABLE TO:All Cities except the City of Dallas and all unincorporated areas
EFFEGTIVE DATE:Bills Rendered on or after 10/01/2010
Effective Period will be established by using the Evaluation Period ending balances, including
associated changes in depreciation and amortization expense and taxes. In calculating the
Company's known and measurable changes for prospective RRM adjustment purposes, the
following limitations will apply, on a Per Connection Basis.
1. Operating and Maintenance expenses per connection for the Rate Effective Period
cannot increase more than 5% per year without specific identification and justification.
Any proposed adjustment above 5o/o per year, is subject to the provisions of the
Evaluation Procedures of this tariff. Such procedures provide that the regulatory
authority will review the proposed adjustment and that the Company and regulatory
authority will work collaboratively to seek agreement on the proposed adjustments to the
Company's schedules and proposed rates. Justification for such expenditures over the
cap shall include an event or combination of events beyond the control of the Company.
The beginning adjusted Operation and Maintenance expense per connection for the 2007
RRM Evaluation Period will be limited to not exceed $151 million divided by the
connections for the period. The increase in adjusted Operation and Maintenance
expenses per connection for the 2008 Rate Effective Period and the subsequent Rate
Effective periods cannot exceed 5o/o per year, without specific identification and
justification
2. Net plant investment per connection for the Rate Effective Period cannot increase more
than 5% per year without specific identification and justification. Any proposed
adjustment above 5% per year, is subject to the provisions of the Evaluation Procedures
of this tariff. Such procedures provide that the regulatory authority will review the
proposed adjustment and that the Company and regulatory authority will work
collaboratively to seek agreement on the proposed adjustments to the Company's
schedules and proposed rates. However, in performing a cap test to verify compliance,
the Company shall exclude any changes in net plant investment associated with federal,
state, or local mandates related to safety, compliance, or road moves, including steel
service line replacement program costs incurred prior to October 1, 2010. The initial
2008 rate will be set using net plant limited to not exceed [$1,243,607,206 divided by
average active meters for the 12 months ended June 30 20071 times 1.025 times the
average active meters for calendar year 2007. Subsequent filing calculations of net plant
investment will be made using the same method used in the Company's September 20,
2007 Statement of Intent except that Evaluation Period ending balances will be used for
net plant in the calculation of rates for the Rate Effective Period.
The rate increase limitations set forth in this tariff shall not preclude the Company from
recovering any excluded net plant costs during a subsequent Evaluation Period in which
the 5% limitation for net plant investment is not reached or in a subsequent Statement of
Intent case. To the extent that the Company seeks to recover any excluded net plant
costs during a subsequent Evaluation Period in which the 5% limitation for net plant
investment is not reached or in a subsequent $tatement of Intent case, the Company
shall identify these costs as a specific line item in the schedule accompanying the RRM
rate adjustment fili ng.
The regulatory authority may disallow any net plant investment that is not shown to be
prudently incurred. Approval by the regulatory authority of net plant investment pursuant
to the provisions of this tariff shall constitute a finding that such net plant investment was
prudently incurred. Such finding of prudence shall not be subject to further review in a
subsequent Evaluation Period or Statement of Intent filing.
Exhibit A to Settlement Agreement
Attachment A to Ordinflnc€ATMOS ENERGY GORPORATION
MID.TEX DIVISION
RIDER:RRM - RATE REVIEW MECHANISM
APPLICABLE TO:All Gities except the Gity of Dallas and all unincorporated areas
EFFECTIVE DATE:Bills Rendered on or after 10/01/2010
c) Notwithstanding the limitations in subparts lV (a) through (b) of this tariff, the Company shall be
entitled to separately adjust rates for the Rate Effective Period to include recovery for direct
incremental costs associated with a steel service line replacement program incurred on and after
October 1, 2010, a return on equity of 9.0% for such incremental costs as capitalized,
depreciation, and applicable taxes. Capital structure will be the actual Evaluation Period ratio of
long-term debt and equity, with percentage equity not to exceed 50%, based on the calculation
methodology outcomes used above. Rate recovery associated with a steel service line
replacement program shall be recovered through the Residential and Commercial customer
charges and shall not be subject to or included in the rate increase limitations set forth in lV (a)
through (b) of this tariff. Current year recovery factors are presumed to be $0.15 for residential
customers and $0.+t for commercial customers. The rates will be adjusted annually, however, in
no case will the per customer monthly cost recovery factors aftributable to a steel service line
replacement program exceed $0.++ for residential customers or $1 .22 tor commercial customers,
prior to or during the pendency of the Company's next Statement of Intent case. Moreover, the
per customer amount attributable to cost recovery for a steel service line replacement program
shall be subject to review by the regulatory authority in a subsequent Evaluation Period and all
costs associated with a steel service line replacement program will be subject to a
prudence/reasonableness review in the Company'$ next Statement of lntent rate case.
d) The Company shall provide a schedule demonstrating the "proof of revenues" relied upon to
calculate the proposed rate for the Rate Effective Period. The proposed rates shall conform as
closely as is practicable to the revenue allocation principles approved in the Final Order.
V. Attestation
A sworn statement shall be filed by the Company's Chief Officer in Charge of Mid-Tex Operations
affirming that the filed schedules are in compliance with the provisions of this mechanism and are true
and correct to the best of his/her knowledge, information and belief. No testimony shall be filed, but a
brief narrative explanation shall be provided of any changes to corporate structure or allocation of
common costs.
Vl, _EvAluation Procedures
The regulatory authority having original jurisdiction over the Company's rates shall have no less than
ninety (90) days to review the Company's filed schedules and work papers. The Gompany will be
prepared to provide all supplemental information as may be requested to ensure adequate review by the
relevant regulatory authority. The Company shall not unilaterally impose any limits upon the provision of
supplemental information and such information shall be provided within ten (10) working days of the
original request. The regulatory authority may propose any adjustments it determines to be required to
bring the schedules into eompliance with the above provisions.
During and following the ninety (90) day review period and a thirty (30) day response period, the
Company and the regulatory authority will work collaboratively and seek agreement on, the proposed
adjustments to the Company's schedule and proposed rates. lf agreement has been reached by the
Company and the regulatory authority, the regulatory authority shall authorize an increase or decrease to
the Company's rates so as to achieve the revenue levels indicated for the Rate Effective Period. lf, at the
end of the thirty (30) day response period, the Company and the regulatory authority have not reached
agreement on the proposed adjustments, the Company shall have the right to appeal the regulatory
authority's action or inaction to the Railroad Commission of Texas. Upon the filing of any appeal, the
Company shall have the right to implement the proposed RRM rate adjustment, including the adjustment
attributable to steel service line replacement program costs, subject to refund.
RIDER:RRM - RATE REVIEW MECHANISM
APPLICABLE TO:All Gities except the Gity of Dallas and all unincorporated areas
EFFECTIVE DATE:Bills Rendered on or after 10/01/2010
ATMOS ENERGY GORPORATION
MID-TEX DIVISION
Exhibit A to Settlement Agreement
Attachment A to 0rdinance
Rates established pursuant to the Rate Review Mechanism, if approved as provided herein, shall be
effective on August 15 of each year.
Vll. Reconsidera!,ion and Appeal
Orders issued pursuant to this mechanism are ratemaking orders and shall be subject to appeal under
Sections 102.001(b) and 1 03.021 , et seq., of the Texas Utilities Code (Vernon 2007).
Vlll. Notice
Notice of the annual Rate Review Mechanism filing shall be provided pursuant to Section 104.103, Tex.
Ull. Cooe ANN. no later than forty-five (45) days after the Company makes its annual filing pursuant to
this tariff. The notice to customers shall include the following information:
a) a description of the proposed revision of rates and schedules;
b) the effect the proposed revision of rates is expected to have on the rates applicable to each
customer class and on an average bill for each affected customer;
c) the service area or areas in which the proposed rate adjustment would apply;
d) the date the proposed rate adjustment was filed with the regulatory authority; and
e) the Company's address, telephone number and website where information concerning the
proposed rate adjustment may be obtained,
lX. RRM Schedules and Information
a. Accumulated Deferred,l.ncome Tax ("AD|T") ltems To Be Recoqnized in Rate Base
The following list identifies those ADIT components to be included in the calculation of rate base
for both the Evaluation Period and Rate Effective Period calculations:
Mid-Tex:
Gas Plant in Service
lnsurance Accruals
Benefit Accruals
Deferred Expense Projects
Allowance for Doubtful Accounts
Customer Advances
UNICAP Section 2634 Costs (which shall be removed from Atmos Mid-Tex when these
costs are transferred to Atmos Pipeline Texas)
Regulatory Asset - Mid Tex
Regulatory Liability - Mid-Tex
Other Plant
SSU - Customer Support:
Gas Plant in Service
Exhibit A to Settlement Agreement
Attachment A to Ordinance
ATIdIOS ENE RGY GORPORATION
MID.TEX DIVISION
RIDER:RRM - RATE REVIEW MECHANISM
APPLIGABLE TO:All Cities except the Gity of Dallas and all unincorporated area$
EFFECTIVE DATE:Bills Rendered on or after 10/01/2010
SSU - General Office:
Gas Plant in Service
lnsurance Accruals
Benefits Accruals
Deferred Expense Projects
Prepaid Expenses
Regulatory Liability - Atmos 109
FAS 115 Adjustment
Treasury Lock Adjustment
Revenue Agent Report Carryforward Adjustments 1990-1985
Tax Net Operating Loss Credit Carryfonruards
State Bonus Depreciation
R & D Credit Valuation Allowance
Other Plant
b. Discretionary Costs to Be Disallowed ff.om Rider RRM filinqs
The following types of employee reimbursed expenses and directly incurred costs are to be
removed from all expense and rate base amounts included within Rider RRM filings for the
Evaluation Period and for the Rate Effective Period:
Amounts incurred for travel, meals or entertainment o:f employee spouses.
Amounts for air travel that exceed published commercial coach air fares.
Amounts incurred for hotel rooms exceeding $250 per night inclusive of taxes and fees
assessed on such rooms.
Amounts for alcoholic beverages.
Amounts paid for admission to entertainment, sports, art or cultural events, and all event
sponsorship costs.
Amounts for social club dues or fees.
Exhibit B to Settlement Agreement
Attachment B to Ordinanc€
ATMOS ENERGY CORP., MID-TEX DIVISION
SUMMARY OF CURRENT AND PROPOSED RATE STRUCTURE
TEST YEAR ENDING DECEMBER 31, 2OO9
12010 RRM SETTLEMENT PROPOSAL)
Line
No.
Proposed
(Beginning
Gurrent Oct 1)Description
1
2
3
4
5
6
7
II
10
11
12
13
14
15
16
17
1B
19
20
21
22
23
24
25
26
27
2B
29
30
31
32
33
(a)
Rate R
Customer Charge Per month
(b)
$7.00
(d)
$7.00
Consumption Charge per MCF $2.2647 $2.5246
2008 RRM True-up per MCF $0.0000 $0.0000
2009 RRM True-up per MCF $0.0060 $0.0000
Total Consumption Charge per MCF fi2.2707 $2.5246
Rate G
Customer Gharge per month $13.50 $13.50
Gonsumption Charge per MCF $0.9825 $1.0796
200S RRM True-up per MCF $0,0000 $0.0000
2009 RRM True-up per MCF $0.0052 $8.0000
Total Consumption Charge per MCF $0.9877 $1.0796
Ratel&T $425.00 $450.00
$0.2496 $0.2750
$0.1 820 $0.201 5
$0.03e0 $0.0433
$0.0087 $0.0000
$0.0064 $0.0000
$0.0014 $0.0000
$0.0000 $0.0000
$0.0000 $0.0000
$0.0000 $0.0000
$0.2583 $0.2750
$0.1 884 $0.201 5
$0.0404 $0.0433
Customer Charge per month
Consumption Charge per MMBTU:
First 1,500 MMBTU
Next 3,500 MMBTU
Over 5,000 MMBTU
2008 RRM True-up per MMBTU:
First 1,500 MMBTU
Next 3,500 MMBTU
Over 5,000 MMBTU
2009 RRM True-uP Per MMBTU:
First 1,500 MMBTU
Next 3,500 MMBTU
Over 5,000 MMBTU
Total Gonsumption Charge per MMBTU
First 1,500 MMBTU
Next 3,500 MMBTU
Over 5,000 MMBTU
Exhibit B to Settlement Agreement
Attachment B to Ordinance
ATMOS ENERGY CORP., MID.TEX DIVISION
CUSTOMER IMPACT OF PROPOSED RATES COMPARED TO CURRENT RATES
TEST YEAR ENDING DECEMBER 31, 2OO9
(2010 RRM $ETTLEMENT PROPOSALI
Line ProsPective
No. Description - Rate Increase
{a) tb}1 Rate R
2 Consumption Charge per MCF
3 Change from Current Rate
4 Billing Units for Specified Period
5 TotalChange in Base Revenue
6 Associated Revenue Taxes
7 Total Rate lmpact
I Number of Bills for Specified Period
I Average lmpact per Bill
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
Rate C
Consumption Charge per MCF
Change from Current Rate
Billing Units for Specified Period
TotalChange in Base Revenue
Associated Revenue Taxes
Total Rate lmpact
Number of Bills for Specified Period
Average lmpact per Bill
Rates l&T - Gustomer Charge
Customer Charge
Change from Current Rate
Billing Units for Specified Period
TotalChange in Base Revenue
Associated Revenue Taxes
Total Rate lmpact
Rates l&T - lst block
Consumption Charge per MCF
Change from Current Rate
Billing Units for Specified Period
TotalChange in Base Revenue
Associated Revenue Taxes
Total Rate lmpact
Rates l&T - Znd block
Gonsumption Charge per MCF
Change from Current Rate
Billing Units for Specified Period
Total Change in Base Revenue
Associated Revenue Taxes
Total Rate lmpact
Rates l&T - 3rd block
Consumption Charge per MCF
Change from Current Rate
Billing Units for Specified Period
TotalChange in Base Revenue
Associated Revenue Taxes
Total Rate lmpact
Rates l&T - Total
Total Rate lmpact
Number of Bills for Specified Period
Average lmpact per Bill
TotalChange in Base Revenue
Total Rate lmpact (lnc. Rev. Taxes)
$0.253e
78,500,000
$19,934,212
$1.490.401
$21,424,613
17,287,740
$1.24
$0.0e19
49,500,000
$4,547,060
$s39,966
$4,887,026
1,445,436
$3.38
$25.00
10,985
$274,625
$20,533
$295,157.61
$0.0167
10,597,655
$177,031
$13,236
$190,266
$0.0131
10,791,216
$141,297
$10.564
$151,862
$0.0029
16,585,623
$47,655
$3.563
$51,218
$688,504
10,985
$62.68
$25,121,880
$27,000,{42
Line
1
2
3
4
5
6
7
I
I
10
11
12
13
14
15
16
17
18
19
20
Rate R@4.5 Mcf
Customer charge
Consumption charge
RiderGCR PartA
Rider GCR Part B
Subtotal
Rider FF & Rider TAX
Total
Custom€r charge
Consumption charge
Rider GCR Part A
Rider GCR Part B
Subtotal
Revenue-related Tax Reimbursement
Total
ATMOS ENERGY GORP., MID-TEX DIVISION
AVERAGE BILL COMPARISON- OCTOBER I, 2O1O
TEST YEAR ENDING DECEMBER 3I, 2OO9
Exhibit B to Settlement Agreement
Attachment B to Ordinance
$7'00
11.46
21.03
, 3.00
$42.49
3.18
-$45=Z-
$1.24
z, t v70
.fRqqo,sEp GHANGE
$13.50
36.S7
158.57
18.98
$228.02
17.05
-$ZisTf
-
PROPOSED
$450.00
412.51
394.31
0.00
16,006.67
1,058.43
$18,321.91
$450.00 $25.00
412.5't $25.06
394.31 $25.62
0.00
1,058.42
$2,315.24
173.10
-ffi'ffi4-
$81.84:
3.gB%
4.5 MCF X
4,5 MCF X
4.5 MCF X
cpRRENT
$ 7,00
52.2707 = 10.31
$4.6303 = 21.03
$0.6611 = 3.00
ocToBER 1,2010
PROPOSED CHANGE
$ 41.34
0.07477 = 3.09
$44.43
$2.5246 =
$4.6303 =
$0.6611 =
0.07477
CURRENT
$13.50
$0.9877 = 33.82
$4.6303 = 158.57
$0.5542 =.........€
$224.87
0.07477 = 16.81
-$ffi
$1.0796 =
$4.6303 =
$0.5542 =
0.07477 =
GURRENT
$425.00
$0.2583 = 387.45
$0.1884 = 368.69
$3.38
1.40t/o
CHANGE
$0.0404 0.00
$4.6303 = 16,006.67
$0,3062 = _l_.058.tq_
$18,246.23
0.07477 = _1-@q_
$19.610.43
$0.2750 =
$0.2015 =
$0.0433 =
$4.6303 =
$0.3062 =
O.O7477 E
$81.34
O.41olo
CURRENT- PROPOSED CHANGE
$425.00
$0.2583 = 387.45
$0.1884 = 368.69
$0.0404 = 0.00
$0.3062 = _1qry_
$2,239.56
A.07477 = 167.44
_q2,40299-
4.5 MCF X
4,5 MCF X
4,5 MCF X
34.2 MCF X
34.2 MCF X
34.2 MCF X
34.2 MCF X
34.2 MCF X
U.2 MCF X
X
X
X
X
X
$41.34
$42.49
21 Rate C @ 34.2 Mcf
22 Customer charga
23 Consumption charge
24 RiderGCR PartA
25 Rider GCR Part B
za
27
2g
29
30
31
32
33
34
35
36
37
38
39
40
Subtotal
Revenue-related Tax Reimbursemenl
Total
Customer charge
Consumption charge
Rider GCR Part A
Rider GCR Part B
Subtolal
Revenue-related Tax Reimbursement
Total
41 Rate l@ 3457 MMBTU
42 Customer charge
43 Consumption charge
44 Consumption charge
45 Consumption charge
46 Rider GCR Part A
47 Rider GCR Part I
4S
49 Subtotal
50 Revenue-relatedTaxReimbursement
51 Total
52
53 Customer charge
54 Consumption charge
55 Consumption charge
56 Consumption charge
57 Rider GCR Part A
58 Rider GCR Pad B
59 Subtotal60 Revenue-relatedTaxReimbursement
61 Total
62
63 Rate T {O 3480 MMBTU
64 Customer charge
65 Consumption charge
66 Consumption charge
67 Consumption charge
68 Rider GCR Part B
69
70 Subtotal
71 Revenue-relatedTaxReimbursgment72 Total
73
74 Customer charge
75 Consumption chargo
76 Consumption charge
77 Consumption charge
78 Rider GCR Pari B
79 Subtotal
80 Revenue-relatedTaxReimbursement
81 Totai
1,500
1,9s7
0
3,457
3,457
1,500
1,957
0
3,457
3,457
1,500
1,957
0
3,457
1,500
1,957
U
3,457
$228.02
MMBTU
MMBTU
MMBTU
MMBTU
MMBTU
$18,246.23
MMBTU
MMBTU
MMBTU
MMBTU
MMBTU
$18,321.91
MMBTU
MMBTU
MMBTU
MMBTU
$2,23S.56
MMBTU
MMBTU
MMBTU
MMBTU
$2,315.24
$0 2750 =
$0.2015 =
$0.043s =
$0.3062 =
0.Q7477 =
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Exhibit B to Settlement Agreement
Attachment B to Ordinance
Line
No.
ATMOS ENERGY CORP., MID-TEX DIVISION
CUSTOMER IMPACT OF PROPOSED RATES COMPARED TO CURRENT RATES
(STEEL SERVICE REPLAGEMENT PROGRAM}
Description
Prospective
Rate lncrease
(a)
1 Rate R2 Monthly Customer Charge
3 Change from Current Rate
4 Billing Units for Specified Period
5 TotalChange in Base Revenue
6 Associated Revenue Taxes
7 Total Rate lmpact
I Number of Bills for Specified Period
I Average lmpact per Bill10 Rate G11 Monthly Customer Charge
12 Change from Current Rate13 Billing Units for Specified Period14 Total Change in Base Revenue
15 Associated Revenue Taxes
16 Total Rate lmpact17 Number of Bills for Specified Period
18 Average lmpact per Bill
19
20 TotalGhange in Base Revenue
21 Total Rate lmpact (lnc. Rev. Taxes)
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
(b)
$0.15
17,287,740
$2,593,161
$193.880
$2,787,041
17,287,740
$0.16
$0.41
1,445,436
$592,629
M4.308
$636,937
1,445,436
$0.44
$3,185,790
$3,423,979
Attachment C to Ordinance
SBTTLE},IBNT AGREEMENT BETWEEN ATMOS ENERGY CqRP.. MID-TEX
DIVISION AND ATMO-S CITIES STEERING COMUITTEE
WHEREAS, this settlement agreement is entered into by Atmos Energy Corp's Mid-
Tex Division and Atmos Cities Steering Committee ("ACSC") whose members include the
Cities of Abilene, Addison, Allen, Alvarado, Angus, Anna, Argyle, Arlington, Bedford,
Bellmead, Benbrook, Beverly Hills, Blossom, Blue Ridge, Bowie, Boyd, Bridgeport,
Brownwoodo Buffalo, Burkburnett, Burleson, Caddo Mills, Carrollton, Cedar Hill, Celeste,
Celina, Cisco, Cleburne, Clyde, College Station, Colleyville, Colorado City, Comanche,
Coolidge, Coppell, Corinth, Corral City, Crandall, Crowley, Dalworthington Gardens, Denison,
DeSoto, Duncanville, Eastland, Edgecliff Village, Emory, Ennis, Euless, Everman, Fairview,
Farmers Branch, Farmersville, Fate, Flower Mound, Forest Hill, Fort Worth, Frisco, Frost,
Gainesville, Garland, Garrett, Grand Prairie, Grapevine, Haltom City, Harker Heights, Haskell,
Hewitt, Highland Park, Highland Village, Honey Grove, Hurst, Iowa Park, Irving, Justin,
Kaufman, Keene, Keller, Kemp, Kennedale, Kerrville, Killeen, Krum, Lakeside, Lake Worth,
Lancaster, Lewisville, Lincoln Park, Little Elm, Lorena, Malakoff, Mansfield, McKinney,
Melissa, Mesquite, Midlothian, Murphy, Nocona, North Richland Hills, Northlake, Oakleaf,
Ovilla, Palestine, Pantego, Paris, Parker, Pecan Hill, Plano, Ponder, Pottsboro, Prosper, Quitman,
Red Oak, Reno (Parker County), Richardsono Richland, Richland Hills, Roanoke, Robinson,
Rockwall, Roscoeo Rowlett, Sachse, Saginawo Seagoville, Sherman, Snyder, Southlake,
Springtown, Stamfordo Stephenville, Sulphur SpritrBSo Sweetwater, Temple, Terrell, The Colony,
Tyler, University Park, Venus, Vernono Waco, Watauga, Waxahachie, Westlake, Whitesboro,
White Settlement, Wichita Falls, Woodway, ffid Wylie.
WHEREAS, on March 15,2010, Atmos filed with the ACSC Cities an application,
hereafter referred to as the 2010 RRM filing, to adjust rates pursuant to Rider RRM - Rate
Review Mechanism; and
WHEREAS, ACSC has hired experts and lawyers to analyze the rates proposed by
Atmos Energy Corp.'so Mid-Tex Division ("Atmos" or "Company") in its 2010 RRM filing; and
WHEREAS, the Settlement Agreement resolves all issues between Atmos and ACSC
("the Signatories") regarding the 2010 RRM filing, which is currently pending before the ACSC
Cities, in a manner thaf the Signatories believe is consistent with the public interest, and the
Signatories represent diverse interests; and
WHEREAS, the Signatories believe that the resolution of the issues raised in the 2010
RRM filing can best be accomplished by each ACSC City approving this Settlement Agreement
and the rates, terms and conditions reflected in the tariffs attached to this Settlement Agreement
as Exhibit A;
NOW, THEREFORE, in consideration of the mutual agreements and covenants
established herein, the Signatories, through their undersigned representatives, agree to the
following Settlement Terms as a means of fully resolving all issues between the ACSC Cities
and Atmos involving the 2010 RRM filing:
Attachment C to Ordin&nce
Settlemgnt Terms
1. Upon the execution of this Settlement Agreement, Atmos and the counsel for the
ACSC cities will recommend that an ordinance or resolution be adopted to approve
this Settlement Agreement and implement the rates, terms and conditions reflected in
the tariffs attached to this Settlement Agreement as Exhibit A, (Attachment A to the
Ordinance ratifying this Agreement). Said tariffs should allow Atmos an additional,
prospective $27 million in annual revenue by implementation of rates shown in the
proof of revenues attached as Exhibit B. (Attachment B to the Ordinance ratifying this
Agreement). The uniform implementation of gas rates, terms and conditions
established by this Settlement Agreement shall be effective for bills rendered on or
after October l, 2010.
2. In an effort to streamline the regulatory review process, Atmos and ACSC have agreed
to renew the Rate Review Mechanism ("Rider RRM") for a period commencing with
the Company's April 1,2011 filing under this mechanism for the calendar year 2010,
effective August 15,2011, and concluding upon the implementation of new, final rates
established pursuant to the general rate case that Atmos will file on or before June l,
2013. Rider RRM provides for an annual rate adjustment to reflect changes in billing
determinants, operating and maintenance expense, depreciation expense, other taxes
expenseo flf,d revenues as well as changes in capital investment and associated changes
in gross revenue related taxes. The revised RRM tariff is included in Exhibit A.
3. Notrvithstanding the RRM rate adjustments that will occur pursuant to paragraph 2 of
this Settlement Agreement, Atmos and ACSC agree that on or before June 1,2013,
Atmos shall file a general, system-wide rate case for the Mid-Tex Division. During
the pendency of the general rate case, Atmos and ACSC agree that rate adjustments
associated with the RRM filing for calendar year 2011 shall be implemented on
August 15,2012, and shall remain in effect until the earlier of either the issuance of a
final order by the Railroad Commission of Texas in the general rate case to be filed on
or before June 1,2013, or the entry of an agreed upon order resolving all issues
involved in the general rate case. The adjustrnents made or requested in ihe 5'h year
RRM shall not be considered precedent during the general rate case.
4. Atmos and ACSC further agree that for the period commencing March 1,2010
through September 30, 2012, Atmos will expand its existing steel service line
replacement program to complete the replacement of 100,000 steel service lines within
its Mid-Tex Division during this period. Atmos and ACSC agree that a risk-based
approach should be adopted to allow replacement of the highest priority steel service
lines within this time period. Atmos agrees to provide the ACSC cities with quarterly
reports providing the number and location of the lines replaced during the quarter.
Atmos agrees to coordinate with ACSC member cities to minimize disruption to cities'
rights of way without compromising the safety of residents of the cities.
5, Atmos and ACSC agree that costs incurred to replace steel service lines prior to
October I,2010 shall be included in the RRM rate adjustment calculation forthe 2010
calendar yoffi, and shall not be subject to or included in the rate cap limitations set
forth in subsection IV (a)-(b) of the Rider RRM tariff.
6.
Attachment C to Ordinflnce
Atmos and ACSC agree that the projected incremental direct costs incuned to replace
steel service lines on or after October 1, 2010 shall be separately identified and shall
not be subject to or included in the rate cap limitations set forth in subsection IV (a)-
(b) of the Rider RRM tariff. Atmos and ACSC further agree that such projected direct
incremental costs incurred to replace steel service lines after October 1,2010, shall be
separately calculated and recovered as a discrete component of customer charges in the
Company's annual RRM filings as set forth below:
a. Atmos and ACSC agree that Atmos shall be entitled to separately adjust rates for
the Rate Effective Period as defined in the Rider RRM tariff to allow recovery of
the projected annual revenue requirement associated with direct incremental costs
to be incurred in connection with a steel service line replacement program, that
are not otherwise included within the RRM cost of service, including a return on
equity of 9.0Yo within the overall weighted cost of capital applied to net
investment (net plant additions, less accumulated depreciation and accumulated
deferred income taxes), depreciation expense and applicable taxes;
b. Atmos and ACSC further agree that the capital structure used to calculate the steel
service line replacement rate adjustment will be the actual Evaluation Period (as
defined in the Rider RRM tariff) ratio of long-term debt and equity, with an
equity percentage not to exceed 50%;
c. Rate recovery associated with a steel service line replacement program shall occur
through an adjustment to the Residential and Commercial customer charges.
Current year recovery factors as of October L,2010 shall be $0.15 for residential
customers and $0.41 for commercial customers. The rates will be adjusted
annuallyo however, Atmos and ACSC agree that in no case will the per customer
monthly cost recovery factors attributable to a steel service line replacement
program exceed $0.44 for residential customers or $1.22 for commersial
customers, either prior to or during the pendency of the general rate case Atmos
will file on or before June l, 2013.
d. Atmos and ACSC further agree that any per customer amount attributable to cost
recovery for a steel service ine replacement program shall be subject to review by
the regulatory authority in a subsequent Evaluation Period as defined in the Rider
RRM tariff and all incremental costs associated with a steel service line
replacement program shall be subject to a prudence/reasonableness review in the
general rate case to be filed by Atmos on or before June 1,2013 .
With respect to the Company's annual RRM filings, Atmos agrees to pay all
reasonable and necessary expenses of each entity having original jurisdiction that are
incurred to review the Company's annual RRM filings. Atmos further agrees that in
calculating the proposed rate for any Rate Effective Period, the Company shall not
include: (l) any external legal, expert, or consultant costs to prepare and/or provide
supportive information related to its filing; or (2) reimbursements to original
jurisdiction entities.
Not"arithstanding paragraph 7 of this Settlement Agreement, Atmos and ACSC agree
that in the event of an appeal of an original jurisdiction entity's decision regarding a
proposed RRM adjustment, recovery of rate case expenses shall be determined
J
7.
8.
9.
10.
Attachment C to Ordinance
according to Chapters 103 and 104, Tex. Uru.. ConE Anil*I. Further, in the event of
such appeal(s), Atmos shall recover any reimbursement made to the original
jurisdiction entity through a surcharge to all customer rates that are subject to the
Commissionos jurisdiction in that proceeding or proceedings that might be joined
therewith, regardless of whether such reimbursements are made during the initial
review period or appeal period.
The ACSC Cities agree that they will not challenge the legal basis of the rates, terms,
and conditions reflected in Exhibit A, or any annual RRM adjustment that is
implemented pursuant to Rider RRM.
Atmos and the ACSC Cities further agree that the express terms of the Rider RRM are
supplemental to the filing, notice, regulatory review, or appellate procedural process of
the ratemaking provisions of Chapter 104 of the Texas Utilities Code. If the statute
requires a mandatory action on behalf of the municipal regulatory authority or Atmos,
the parties will followthe provisions of such statute. Ifthe statute allows discretion on
behalf of the municipal regulatory authority, the ACSC Cities agree that they shall
exercise such discretion in such a way as to implement the provisions of the RRM
tariff. If Atmos appeals an action or inaction of an ACSC City regarding an RRM
filing to the Railroad Commission, the ACSC Cities agree that they will not oppose the
implementation of interim rates or advocate the imposition of a bond by Atmos
consistent with the RRM tariff. Atmos agrees that it will make no filings on behalf of
its Mid-Tex division under the provisions of TBx. Urn. Cons Aml. $ 104.301 while
the Rider RRM is in place. In the event that a regulatory authority fails to act or enters
an adverse decision regarding the proposed annual RRM adjustment, the Railroad
Commission of Texas shall, pursuant to the provisions of the Texas Utilities Code,
have exclusive appellate jurisdiction to review the action or inaction of the regulatory
authority exercising exclusive original jurisdiction over the RRM request. In addition,
the Signatories agree that this Settlement Agreement shall not be construed as a waiver
of the ACSC Cities' right to initiate a show cause proceeding or the Company's right
to file a Statement of Intent under the provisions of the Texas Utilities Code.
Atmos and ACSC further agree that the ordinance or resolution adopting this
Settlement Agreement shall include a provision authorizing Atmos to establish
regulatory asset account(s) for costs related to working gas in storage, Atmos and
ACSC further agree that the language authorizing these regulatory asset account(s)
shall be the same as that set forth in the 4'n Ordering Paragraph (Page 10 of ll) of the
Final Order Nunc Pro Tunc issued by Railroad Commission of Texas in GUD No.
9869 on Februwy 23,2010. This language states as follows:
IT IS FURTHER ORDERED that Atmos shall be allowed to establish a
regulatory asset for the ad valorem taxes related to working gas in storage.
In addition, Atmos shall be allowed to establish a regulatory asset for (1)
the costs associated with Accumulated Deferred Income Ta>r for UNICAP
Section 263A, (2) the WACOG to FIFO change, and (3) an amount equal
to the rate of return approved in this RRM Proceeding for the
Accumulated Defened Income Tax items related to working gas in
storage. Atmos shall record these amounts in Other Regulatory Assets
(Account I S2.3). These deferred items shall be considered, along with the
11.
12.
Attachment C to Ordinance
investment in working gas, for consideration and possible inclusion in
rates for Atmos Pipeline-Texas in that entity's next filed rate case. If the
Commission determines that such deferred items are not properly included
in the rates of Atmos Pipeline - Texas, the items shall be further deferred
until the next Atmos Mid=Tex rate case filed after the final decision in the
Atmos Pipeline-Texas rate case for inclusion with the working gas
investment in the Atmos Mid-Tex rates.
Atmos and ACSC agree that each ACSC city should approve this Settlement
Agreement and adopt an ordinance or resolution to implement for the ACSC Cities the
rates, terms, and conditions reflected in the tariffs attached to this Settlement
Agreement as Exhibit A, as well as the regulatory asset authorization language
discussed in paragraph 12 of this Settlement Agreement.
The Signatories agree that the terms of the Settlement Agreement are interdependent
and indivisible, and that if any ACSC city enters an order that is inconsistent with this
Settlement Agreement, then any Signatory may withdraw without being deemed to
have waived any procedural right or to have taken any substantive position on any fact
or issue by virtue of that Signatory's entry into the Settlement Agreement or its
subsequent withdrawal. If any ACSC city rejects this Settlement Agreement, then this
Settlement Agreement shall be void ab initio and counsel for the ACSC Cities shall
thereafter only take such actions as are in accordance with the Texas Disciplinary
Rules of Professional Conduct.
The Signatories agree that all negotiationso discussions and conferences related to the
Settlement Agreement are privileged, inadmissible, and not relevant to prove any
issues associated with Atmos' 2010 RRM filing.
The Signatories agree that neither this Settlement Agreement nor any oral or written
statements made during the course of settlement negotiations may be used for any
purpose other than as necessary to support the entry by the ACSC Cities of an
ordinance or resolution implementing this Settlement Agreement.
The Signatories agree that this Settlement Agreement is binding on each Signatory
only for the pu{pose of settling the issues set forth herein and for no other pu{poses,
ffid, except to the extent the Settlement Agreement governs a Signatory's rights and
obligations for future periods, this Settlement Agreement shall not be binding or
precedential upon a Signatory outside this proceeding.
The Signatories agree that this Settlement Agreement may be executed in multiple
counterparts and may be filed with facsimile signatures.
13.
14.
15.
16.
17.
Attachment C to Ordinflnc€
Agreed to this _ day of August,2010.
- ATMOS ENERGY CORP., MID-TEX DIVISION
By:
John A. Paris
President, Mid-Tex Division
6
Attachment C to Ordinance
Agrcerl to thisJ# ctay of August, 2010.
ATMOS ENEIIGY CORP.,
By;
ident, Micl-Tex Divisinn
I r Attachment C to Ordinance
Agreed to this 2,oft day of August 2010.
ATTORNEY FOR ATMOS TEXAS MUNICIPALITIES, WHOSE MEMBERS INCLUDE
THE CITIES OF ABILENE, ADDISON, ALLEN, ALVARADO, ANGUS, ANNA, ARGYLE,
ARLINGTON, BEDFORD, BELLMEAD, BENBROOK, BEVERLY HILLS, BLOSSOM,
BLUE RIDGE, BOWIE, BOYD, BRIDGEPORT, BROWNWOOD, BUFFALO,
BURKBURNETT, BURLESON, CADDO MILLS, CARROLLTON, CEDAR HILL,
CELESTE, CELTNA, CISCO, CLEBURNE, CLYDE, COLLEGE STATION, COLLEWILLE,
COLORADO CITY, COMANCHE, COOLIDGE, COPPELL, CORINTH, CORRAL CITY,
CRANDALL, CROWLEY, DALWORTHINGTON GARDENS, DENISON, DESOTO,
DUNCANVILLE, EASTLAND, EDGECLIFF VILLAGE, EMORY, ENNIS, EULESS,
EVERMAN, FAIRVIEW, FARMERS BRANCH, FARMERSVILLE, FATE, FLOWER
MOUND, FOREST HILL, FORT WORTH, FRISCO, FROST, GAINESVILLE, GARLAND,
GARRETT, GRAND PRAIRIE, GRAPEVINE, HALTOM CITY, HARKER HEIGHTS,
HASKELL, HEWITT, HIGHLAND PARK, HIGHLAND VILLAGE, HONEY GROVE,
HURST, IOWA PARK, IRVING, ruSTIN, KAUFMAN, KEENE, KELLER, KEMP,
KENNEDALE, KERRVILLE, KILLEEN, KRUM, LAKESIDE, LAKE WORTH,
LANCASTER, LEWISVILLE, LINCOLN PARK, LITTLE ELM, LORENA, MALAKOFF,
MANSFIELD, MCKINNEY, MELISSA, MESQUITE, MIDLOTHIAN, MURPHY, NOCONA,
NORTH RICHLAND HILLS, NORTHLAKE, OAKLEAF, OVILLA, PALESTINE,
PANTEGO, PARIS, PARKER, PECAN HILL, PLANO, PONDER, POTTSBORO, PROSPER,
QUITMAN, RED OAK, RENO (PARKER COUNTY), zuCHARDSON, RICHLAND,
zuCHLAND HILLS, ROANOKE, ROBINSON, ROCKWALL, ROSCOE, ROWLETT,
SACHSE, SAGINAW, SEAGOVILLE, SHERMAN, SNYDER, SOUTHLAKE,
SPzuNGTOWN, STAMFORD, STEPHENVILLE, SULPHUR SPRINGS, SWEETWATER,
TEMPLE, TERRELL, THE COLONY, TYLER, LINIVERSITY PARK, VENUS, VERNON,
WACO, WATAUGA, WAXAHACHIE, WESTLAKE, WHITESBORO, WHITE
SETTLEMENT, WICHITA FALLS, WOODWAY, AND WYLIE
By:
* Subject to approval by ACSC City Councils
Page 1 of 2
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Kelly Edwards, Town Secretary
Subject: Meeting September 29, 2010
Date: September 14, 2010
ITEM
Consider a Resolution authorizing the destruction the destruction of the Westlake Academy
records in compliance with the Texas State Library and Archive Commission schedules.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
We are Leaders
o Environmental stewardship initiatives
o Infrastructure maintenance and planning
Hospitality Finds its Home in Westlake
o Historic Preservation
BACKGROUND
In 1991 Council passed Ordinance 190 establishing Records Management. The Town Secretary
is designated as the Record Manager. Pursuant to Chapter 2, Section 2-208, we are requesting
the Town Council’s authorization to destroy the records contained on the destruction log. Each
record has met its retention requirement as established by the Texas State Library and Archive
Commission as adopted.
If approved the Town will use an Interlocal agreement established with Tarrant County for
destruction of these records. This is a free service provided by the County.
Sec. 2-208. Implementation of records control schedules; destruction of records under schedule.
(a) A records control schedule that has been approved and adopted under section 2-207 shall be
implemented according to the policies and procedures of the records management plan.
(b) A record whose retention period has expired on a records control schedule shall be
destroyed unless an open records request is pending on the record, the subject matter of the
record is pertinent to a pending law suit, or there is a request in writing to the records
management officer that the record be retained for an additional period.
Page 2 of 2
(c) Prior to the destruction of a record under an approved records control schedule,
authorization for the destruction must be obtained by the records management officer from the
board of aldermen.
(Ord. No. 190, § 9, 10-10-1991)
State law references: Retention periods, Local Government Code § 203.042.
FUNDING
No impact
RECOMMENDATION
To approve the Resolution
ATTACHMENTS:
Resolution
Destruction log
Resolution 10-27
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 10-27
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AUTHORIZING THE DESTRUCTION OF WESTLAKE ACADEMY
RECORDS IN COMPLIANCE WITH THE TEXAS STATE LIBRARY AND ARCHIVE
COMMISSION SCHEDULES.
WHEREAS, the Town Council adopted Chapter 2, Administration, Article VI, Records
Management; and
WHEREAS, it is desirable to reduce the cost of records storage of academic and
municipal and records; and
WHEREAS, the Town Council finds that the agreement from Tarrant County meets the
necessary requirements of the records destruction requirements established by State law.
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 authorizes the
destruction of those records that have met the retention requirements hereto as Exhibit “A” and
further authorizes the Records Manager, Town Secretary, to destroy the said records in
accordance to the State law through an Interlocal agreement with Tarrant County.
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.
PASSED AND APPROVED ON THIS 29TH DAY OF SEPTEMBER, 2010.
_____________________________
Laura L. Wheat, Mayor
Resolution 10-27
Page 2 of 2
ATTEST:
_______________________________ ________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
9/24/2010
EXHIBIT A - RESOLUTION 10-27
Schedule
Record Series
Number
TYPE OF RECORD DESCRIPTION OF RECORD INCLUSIVE DATES LOCATION TO
BE STORED
STATE
RETENTION
PERIOD
DESTRUCTION
DATE
Inventory
Conducted
DESTRUCTION
DATE
Letters of
Schedule
Schedule
Assigned
number
Reference State Retention
Heading/Type of Record Reference Specific Record Beginning and Ending Date
of Materials Enclosed
Off-site location
(name of facility),
Fire Station, Town
Hall, etc
Reference State
Retention
Schedules/Periods
Calculated by State
Retention Schedule
according to last date
in box or file
1st Initial/Last
Name of person
preparing box
Date Record was
destroyed
SD 3200-07
Parental Permission
Records Permission slips, forms, med info for international travel 8/2007-6/2008
file room at
Academy 2 years Jul-10 D. White
GR 1050-14
Employment
Applications Resumes (Not selected)2004-2007
file room at
Academy 2 years Sep-09 D. White
SD 3275-02 a,b Attendance Reports Daily and 6 weeks attendance reports 2004-2005
file room at
Academy 5 years Jul-10 D. White
SD 3275-02 a,b Attendance Reports Daily class attendance rosters-teachers, notes 1/2005-6/2005
file room at
Academy 5 years Jul-10 D. White
GR 1050-14
Employment
Applications Resumes (Not selected)2006-2008
file room at
Academy 2 years Sep-10 D. White
SD 3275-02 a,b Attendance Reports
Daily register, attendance summaries and 6 weeks
attendance reports 2003-2004
file room at
Academy 5 years Sep-09 D. White
SD 3275-02 a,b Attendance Reports Daily class attendance rosters-teachers, parent notes 8/2004-12/2004
file room at
Academy 5 years Jan-10 D. White
S:\Town Secretary\Town\Town Council\Town Agendas\2010\09-29-10\Item 4g3 Res 10-27 Exhibit A-WA Destruction Log.xlsItem 4g3 Res 10-27 Exhibit A-WA Destruction Log.xls 1 of 1
Page 1 of 2
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Tom Brymer, Town Manager
Subject: Meeting of September 29, 2010
Date: September 21, 2010
ITEM
Wkshp Discussion regarding the Proposed Fiscal Year 2010-2011 Municipal Budget and
Five (5) Year Capital Improvement Program
Regular Conduct a Public Hearing and Consideration of Ordinance 645, Adopting the
Town of Westlake Revised Budget for the fiscal year ending September 30, 2010,
and Adopting the Proposed Budget for the Fiscal Year ending September 30,
2011, and Providing Authorization to the Town Manger to approve appropriated
funds up to $25,000.
VISION POINT AND KEY RESULT AREAS
This item supports the following 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 stewardships
o Infrastructure maintenance and planning
Hospitality Finds its Home in Westlake
o Citizen engagement and communication
o Historic Preservation
o Tourism development
BACKGROUND: Two fiscal years ago, beginning in FY 2008-2009, the Town began moving
its leadership and management systems to a framework utilizing a more program based budget
designed to link desired outcomes with budgeted resources and accountability for results. This
FY 2010-11 Budget represents the next step in this continuous improvement process. This
budget document utilizes a systemic framework designed to link together critical governance and
management decision making tools. This system is called “Governing and Managing for
Outcomes” and is designed to integrate:
Page 2 of 2
Strategic planning
Five (5) year financial forecasting, budgeting, and performance measurement linked to
priorities, objectives, and outcomes
Reporting to monitor progress in outcome achievement and accountability for results
Aligning resources to prioritized outcomes
Citizen surveys to gauge service satisfaction levels with Town services and resident
willingness to pay for those services
Long term approach to ensure financial sustainability
Maintaining core services
Five (5) year capital improvement planning
This budget focuses on the next twelve months of the Town’s future. However, the Council’s
initiative to pursue a strategic planning approach to the Town’s governance is critical to
providing the Council, and the community, with a multi-year focus that couples strategic priority
setting with good financial stewardship decisions that achieve the long-term vision set by the
Council for the Town of Westlake.
The focus for the FY 2010-11 Proposed Budget has been positioning the Town for financial
sustainability (both for the general municipal services and the Westlake Academy), a key priority
found in the Town’s strategic plan. In addition to budget workshops held on May 24, 2010,
August 20, 2010 and September 23, 2010, the Town Council has held public meetings/hearings
on a proposal for a municipal ad valorem (property) tax to address the Town’s financial
sustainability. Please note that the Westlake Academy operating budget has also been included,
for presentation and transparency purposes, in this budget document.
Additionally, transparency of this process and the information considered has been given strong
emphasis. The Town has utilized its web site to place information from the various meetings
concerning ad valorem tax discussions on its web site at:
http://www.westlake-tx.org/en/FinancialSustainability.html
FUNDING: The Town of Westlake’s Proposed FY 2010-2011 budget totals $16,194,203
(including $1,137,903 transfers in from fund balance for operating, debt service, capital projects,
major maintenance and equipment replacement needs) for all funds. This budget also includes
Westlake Academy’s FY 2010-2011 expenditures and transfers out totaling $4,749,094.
RECOMMENDATION: This Public Hearing has been advertised as required by law. The
recommendation is to first conduct and close the Public Hearing, followed by Council discussion
as needed. Additionally, it is recommended to adopt the FY 2010-11 municipal budget as
proposed.
ATTACHMENTS:
1.) Proposed FY 2010-11 Budget sent under separate cover. Note: It is also on the Town’s web
site for public viewing.
2.) Ordinance
Ordinance 645
Page 1 of 2
TOWN OF WESTLAKE
ORDINANCE NO. 645
A ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
REVISING THE BUDGET FOR THE 2009-2010 FISCAL YEAR; ADOPTING THE
BUDGET FOR THE TOWN OF WESTLAKE, TEXAS FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011; PROVIDING
AUTHORIZATION TO THE TOWN MANGER TO APPROVE APPROPRIATED FUNDS
UP TO $25,000; PROVIDING THAT THE BUDGET TO BE KEPT IN CITY
SECRETARY’S OFFICE; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, public notice of a public hearing on the proposed annual budget, stating the
date, time, and place and subject matter of the public hearing, was given as required by the laws of
the State of Texas and; and
WHEREAS, a public hearing was duly held and all interested persons were given an
opportunity to be heard for or against any item therein on September 29, 2010; and,
WHEREAS, as required by Texas Local Government Code 102.002, the budget officer has
prepared a municipal budget to cover the proposed expenditures of the municipal government for
the succeeding year; and,
WHEREAS, the Town Council finds that the passage of this Ordinance is in the best
interest of the citizens of Westlake.
NOW, THEREFORE, BE IT ORDAINED 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 hereby adopts the revised budget for the fiscal year
beginning October 1, 2009 and ending September 30, 2010 as shown in Exhibit “A.”
SECTION 3: That the Town Council does hereby approve the proposed Municipal Budget
attached as Exhibit “B”, adopting the budget for the Fiscal Year Beginning October 1, 2010, and
for Fiscal Year Ending September 30, 2011.
SECTION 4: That the Town Council hereby gives the Town Manager authorization to
approve any appropriated funds up to the amount of $25,000.
SECTION 5: That a copy of the official adopted 2010-2011 budget documents shall be
kept on file in the office of the Town Secretary
Ordinance 645
Page 2 of 2
SECTION 6: If any portion of this Ordinance 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 Ordinance without the invalid
provision.
SECTION 7: That this Ordinance shall become effective from and after its date of passage.
PASSED AND APPROVED ON THIS 29TH DAY OF SEPTEMBER 2010.
ATTEST: ________________________________
Laura L. Wheat, Mayor
_______________________________ _________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
_____________________________
L. Stanton Lowry, Town Attorney
Page 1 of 2
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Tom Brymer, Town Manager
Subject: Regular Meeting of September 29, 2010
Date: September 21, 2010
ITEM
Regular Consideration and discussion of an Ordinance Levying Municipal Ad Valorem
(Property) Taxes for the 2010 Year in accordance with the Fiscal Year 2010-11
Budget.
VISION POINT AND KEY RESULT AREAS
This item supports the following 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 stewardships
o Infrastructure maintenance and planning
Hospitality Finds its Home in Westlake
o Citizen engagement and communication
o Historic Preservation
o Tourism development
BACKGROUND: Two fiscal years ago, beginning in FY 2008-2009, the Town began moving
its leadership and management systems to a framework utilizing a more program based budget
designed to link desired outcomes with budgeted resources and accountability for results. This
FY 2010-2011 Budget represents the next step in this continuous improvement process. This
budget document utilizes a systemic framework designed to link together critical governance and
management decision making tools. This system is called “Governing and Managing for
Outcomes” and is designed to integrate:
Strategic planning
Five (5) year financial forecasting, budgeting, and performance measurement linked to
priorities, objectives, and outcomes
Reporting to monitor progress in outcome achievement and accountability for results
Aligning resources to prioritized outcomes
Page 2 of 2
Citizen surveys to gauge service satisfaction levels with Town services and resident
willingness to pay for those services
Long term approach to ensure financial sustainability
Maintaining core services
Five (5) year capital improvement planning
This budget focuses on the next twelve months of the Town’s future. However, the Council’s
initiative to pursue a strategic planning approach to the Town’s governance is critical to
providing the Council, and the community, with a multi-year focus that couples strategic priority
setting with good financial stewardship decisions that achieve the long-term vision set by the
Council for Westlake.
The focus for the FY 2010-11 Proposed Budget has been positioning the Town for financial
sustainability (both for the general municipal services and Westlake Academy), a key priority
found in the Town’s strategic plan. Please note that the Westlake Academy operating budget has
also been included, for presentation and transparency purposes, in this budget document.
In addition to budget workshops held on May 24, 2010, August 20, 2010 and September 23,
2010, the Town Council has also held several public meetings/hearings on a proposal for a
municipal ad valorem (property) tax to address the Town’s financial sustainability.
Additionally, transparency of this process and the information considered has been given strong
emphasis. The Town has utilized its web site to place information from the various meetings
concerning ad valorem tax discussion on its web site at: http://www.westlake-
tx.org/en/FinancialSustainability.html
On June 28, 2010 the Town Council set the residential homestead tax exemption at the
maximum (20%) allowed by State law. There were also exemptions adopted by that earlier
Resolution (which is restated and confirmed in the tax levy ordinance) for an exemption for
people who are disabled or over 65 and an exemption for Freeport goods. In addition,
there is a provision in the current Town Code for a “tax freeze” for people over 65 or who
are disabled and have a Westlake residence homestead. This Town Code provision has
been interpreted by the Town’s attorney to mean that a person who currently, as of this
year, has a Westlake homestead residence and is over 65 or disabled prior to the date the
tax levy is adopted will have a zero tax rate. That intrepretaton was presented and
accepted by the Town Council.
FUNDING: As proposed by staff, a municipal ad valorem tax of $0.1562 per $100 of
assessed valuation for maintenance and operations of the General Fund would generate an
estimated $1,000,426 in FY2010-2011 to address the Town’s financial sustainability
challenges. Additionally, depending on desires for funding currently unaddressed capital
improvement needs, an interest/sinking (debt service) ad valorem tax rate could be levied
in the amount of $0.0152 per $100 of assessed valuation. This would bring the total
proposed FY 2010-2011 ad valorem tax rate to $0.1714 per $100 of assessed valuation.
RECOMMENDATION: Recommend adoption of an ordinance levying a municipal ad
valorem (property) tax.
ATTACHMENTS:
1.) Ordinance Levying Ad Valorem Tax for FY 10-11
2.) Various charts and graphs related to assessed valuation, area cities’ tax rates, and impact by
home value.
Ordinance 646
Page 1 of 4
TOWN OF WESTLAKE
ORDINANCE NO. 646
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS LEVYING TAXES TO BE ASSESSED ON ALL TAXABLE
PROPERTIES WITHIN THE TOWN LIMITS OF THE TOWN OF WESTLAKE
FOR THE TAX YEAR 2010 (FISCAL YEAR 2010-2011); SETTTING OUT
EXEMPTIONS AND LIMITATION; SETTING OUT STATE LAW REQUIRED
STATEMENTS; PROVIDING FOR THE COLLECTION OF DELINQUENT
TAXES AND A COLLECTION PENALTY TO BE ADDED TO DELINQUENT
TAXES; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARAING
AN EFFECTIVE DATE.
WHEREAS, a public hearing on the proposed annual budget for the Town of
Westlake, Texas, for the fiscal year beginning on October 1, 2010 and ending on
September 30, 2011, was duly advertised giving the dates, time, place and subject matter
of the public hearing, and
WHEREAS, public hearings were set by the Town Council in a duly posted
Town Council meeting on August 25, 2010, then advertised, and public the hearings were
conducted on September 8, 2010 and September 16, 2010, and all citizens were invited to
participate and be heard; and
WHEREAS, all requirements of state law were met, including Open Meetings
Act, Texas Government Code chapter 551 requirements and the requirement of Texas
Local Government Code 102.002 that the budget officer prepare a municipal budget to
cover the proposed expenditures of the municipal government for the succeeding year;
and
WHEREAS, it is deemed to be in the best interest of the citizens of the Town of
Westlake, Texas to levy a tax as set forth below, on all taxable properties within the
Town limits of Westlake in order to provide the necessary funds to provide municipal
services to its citizens and to meet all municipal commitments; and
WHEREAS, the Town of Westlake has passed exemptions to certain applicable
taxes which were previously adopted by earlier Resolution and recognized and adopted a
tax limitation set out in the Town Municipal Code and such exemptions and limitation are
included and adopted as part of this Ordinance; and
WHEREAS, the Town Council finds the passage of this Ordinance to be in the
best interest for the citizens of Westlake, for the preservation of public health, safety and
welfare of the citizens of the Town;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
Ordinance 646
Page 2 of 4
SECTION 1: That all matters stated in the findings hereinabove are found to be
true and correct and are incorporated herein by reference as if copied in their entirely.
SECTION 2: That the Town Council of the Town of Westlake, Texas shall
hereby levy the following taxes on each One Hundred Dollars ($100.00) of taxable
valuation on all taxable property within the Town limits of the Town of Westlake, Texas
to be assessed and collected by the Tax Assessor / Collector for the tax year 2010 (Fiscal
year 2010-2011) for the purposes stipulated below, to-wit:
(a) For General Fund Maintenance and Operations (M&O) levied on the
$100.00 of taxable valuation: $0.1562
(b) For Interest and Sinking Fund (debt service) levied on $100.00 of taxable
valuation: $0.0152
SECTION 3: Exemptions: That the Town Council authorizes the following
exemptions and limitations:
(a) Homestead exemption - That it is the intent of the Town Council of the
Town of Westlake to adopt the highest possible homestead exemption, which would be a
homestead exemption in the amount of twenty percent (20%) of the value of the
homestead, and in any event, the exemption shall be at least a minimum of Five
Thousand dollars ($5,000.00). For purposes of this section "residential homestead" is
defined as a structure (including a mobile home) or a separately secured and occupied
portion of a structure (together with land, no to exceed ten (10) acres, and improvements
used in the residential occupancy of the structure and the land and i mprovements have
identical ownership) that (1) is owned by one or more individuals, either directly or
through a beneficial interest is a qualifying trust; (2) is designed or adapted for a human
residence; (3) is used as a residence; and (4) is occupied as his or her principal residence
by an owner or, for property owned through a beneficial interest in a qualifying trust, by a
trustee of the trust who qualifies for the exemption.
(b) Over 65 or Disabled exemption - That an exemption for a resident over 65
or disabled, pursuant to section 11.13(b) of the Texas Tax Code shall be authorized in the
amount of $10,000.00. A resident is eligible for an exemption under this section if the
resident is over 65 or disabled, but the resident shall not be entitled to two exemptions
under this section, as set out in section 11.13(b) of the Texas Tax Code.
(c) Freeport exemption - The Town elects not to tax that tangible personal
property described in article VIII, section 1-j, subsection (a), Texas Constitution, and
Texas Tax Code Section 11.251, which would otherwise be exempt, referred to as
"Freeport goods."
(d) The Town of Westlake previously adopted an ad valorem tax limitation in
section 86-2 of the Town Code, for elderly and disabled citizens according to Article
VIII, Section 1-b of the Texas Constitution and Texas Tax Code § 11.261, which
provides “The county, municipality, or junior college district may not increase the total
annual amount of ad valorem taxes the county, municipality, or junior college district
imposes on the residence homestead of a disabled individual or an individual 65 years of
Ordinance 646
Page 3 of 4
age or older above the amount of the taxes the county, municipality, or junior college
district imposed on the residence homestead in the first tax year, other than a tax year
preceding the tax year in which the county, municipality, or junior college district
established the limitation described by Subsection (a), in which the individual qualified
that residence homestead for the exemption provided by Section 11.13(c) for a disabled
individual or an individual 65 years of age or older.” This provision, commonly referred
to as a “tax freeze” means that residents who are already eligible for the provisions of that
section will not have any increase in their taxes from the time that they became eligible,
as citizens of Westlake, for that section.
SECTION 4: State Law Required Statements:
(A) Because the Town of Westlake has not had a municipal tax rate before, the tax
rate will be higher this year. When the tax rate is higher, the Texas Tax Code requires the
following statement: “THIS TAX RATE WILL RA ISE MORE TAXES FOR
MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE.”; and
(B) Because the Town of Westlake has not had a municipal tax rate before, the tax
rate will be higher this year. If the tax rate exceeds the effective maintenance and
operations rate, the Texas Tax Code requires a statement concerning a percentage
increase. This statement is difficult to make in this situation as the increase is not a
percentage, since the prior tax rate was zero (mathematically, one cannot show a
percentage of zero), but we have shown the amount of increase from zero ($0.0000) to a
tax rate of $0.1714. The following statement tracks the statute as closely as this situation
will allow: THE TAX RATE WILL EFFECTIVELY BE RAISED BY GOING FROM
ZERO PERCENT TO A TAX RATE OF $0.1714 (M & O OF $0.1562 AND INTEREST
AND SINKING FUND OF $0.0152, FOR A TOTAL OF $0.1714) AND WILL RAISE
TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY
APPROXIMATELY $124.96, WITH A HOMESTEAD EXEMPTION.
SECTION 5: The Town of Westlake will pursue collection of delinquent taxes
and adopts the provisions of Section 33.07 of the Texas Tax Code so that hereafter an
additional penalty of Twenty (20) percent of the delinquent tax, penalty and interest on
delinquent taxes will be imposed on taxes becoming delinquent as provided by the Texas
Tax Code and the Town’s collection agreement.
SECTION 6: If any portion of this Ordinance 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 Ordinance without the invalid provision.
SECTION 7: That this Ordinance shall become effective from and after its date
of passage.
PASSED AND APPROVED ON THIS 29th DAY OF SEPTEMBER 2010.
Ordinance 646
Page 4 of 4
_____________________________
Laura L. Wheat, Mayor
ATTEST:
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Town of Westlake
FY 10/11 FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 FY 24/25
1 Real Estate Residential Property Totals ***521,898,037 521,898,037 532,335,998 542,982,718 553,842,372 564,919,219 576,217,604 587,741,956 599,496,795 611,486,731 623,716,466 636,190,795 648,914,611 661,892,903 675,130,761
2 Real Estate Commercial Property Totals 360,128,750 480,128,750 560,128,750 571,331,325 582,757,952 594,413,111 606,301,373 618,427,400 630,795,948 643,411,867 656,280,105 669,405,707 682,793,821 696,449,697 710,378,691
3 Personal Property Commercial 73,420,539 73,420,539 99,888,950 101,886,729 103,924,463 106,002,953 108,123,012 110,285,472 112,491,181 114,741,005 117,035,825 119,376,542 121,764,072 124,199,354 126,683,341
4 Agriculture Taxable Property Total 70,087,970 70,087,970 71,489,729 72,919,524 74,377,914 75,865,473 77,382,782 78,930,438 80,509,047 82,119,228 83,761,612 85,436,844 87,145,581 88,888,493 90,666,263
4 Ag Deferrals (Exemption)(69,824,195) (69,824,195) (71,220,679) (72,645,092) (74,097,994) (75,579,954) (77,091,553) (78,633,384) (80,206,052) (81,810,173) (83,446,377) (85,115,304) (86,817,610) (88,553,962) (90,325,042)
5 Arbitration Cases estimated (82,881,010) (82,881,010) (84,538,630) (86,229,403) (87,953,991) (89,713,071) (91,507,332) (93,337,479) (95,204,228) (97,108,313) (99,050,479) (101,031,489) (103,052,118) (105,113,161) (107,215,424)
Arbitration - Est min taxable value (add back)- - - - - - - - - - - - - - -
5 Incomplete Accounts (3,245,856) (3,245,856) (3,310,773) (3,376,989) (3,444,528) (3,513,419) (3,583,687) (3,655,361) (3,728,468) (3,803,038) (3,879,098) (3,956,680) (4,035,814) (4,116,530) (4,198,861)
Incomplete -Est net taxable value (add back)- - - - - - - - - - - - - - -
5 20% Homestead Exemption (66,574,802) (66,574,802) (67,906,298) (69,264,424) (70,649,712) (72,062,707) (73,503,961) (74,974,040) (76,473,521) (78,002,991) (79,563,051) (81,154,312) (82,777,398) (84,432,946) (86,121,605)
5 Disabled Vets (12,000) (12,000) (12,240) (12,485) (12,734) (12,989) (13,249) (13,514) (13,784) (14,060) (14,341) (14,628) (14,920) (15,219) (15,523)
5 Absolute Exemptions (6,038,661) (6,038,661) (6,159,434) (6,282,623) (6,408,275) (6,536,441) (6,667,170) (6,800,513) (6,936,523) (7,075,254) (7,216,759) (7,361,094) (7,508,316) (7,658,482) (7,811,652)
Tarrant Cty Certified Taxable Value 796,958,772 916,958,772 1,030,695,372 1,051,309,280 1,072,335,465 1,093,782,175 1,115,657,818 1,137,970,975 1,160,730,394 1,183,945,002 1,207,623,902 1,231,776,380 1,256,411,908 1,281,540,146 1,307,170,949
6 Denton County Taxable Property Total 1,352,244 1,352,244 1,352,244 1,379,289 1,406,875 1,435,012 1,463,712 1,492,987 1,522,846 1,553,303 1,584,369 1,616,057 1,648,378 1,681,345 1,714,972
Certified Taxable Value 798,311,016 918,311,016 1,032,047,616 1,052,688,569 1,073,742,340 1,095,217,187 1,117,121,531 1,139,463,961 1,162,253,241 1,185,498,305 1,209,208,271 1,233,392,437 1,258,060,286 1,283,221,491 1,308,885,921
7 Fidelity Phase I tax abatement/rebate (61,675,718) - - - - - - - - - - - - - -
8 Fidelity Phase II tax abate./rebate (thru FY 18-19)(72,036,961) (72,036,961) (73,477,700) (74,947,254) (76,446,200) (77,975,124) (79,534,626) (81,125,319) (82,747,825) - - - - - -
9 Fidelity Phase I comm. personal property .66%(7,366,679) - - - - - - - - - - - - - -
10 Fidelity Phase II comm. personal property .33%(3,683,339) (3,757,006) (3,832,146) (3,908,789) (3,986,965) (4,066,704) (4,148,038) (4,230,999) (4,315,619) - - - - - -
11 Deloitte tax abatement/rebate (thru FY 20-21)- (90,000,000) (150,000,000) (153,000,000) (156,060,000) (159,181,200) (162,364,824) (165,612,120) (168,924,363) (172,302,850) (175,748,907) - - - -
12 Deloitte commercial personal property - - (18,750,000) (19,125,000) (19,507,500) (19,897,650) (20,295,603) (20,701,515) (21,115,545) (21,537,856) (21,968,613) (22,407,986) - - -
Total Net Taxable Value 653,548,318 752,517,049 785,987,770 801,707,525 817,741,676 834,096,509 850,778,439 867,794,008 885,149,888 991,657,599 1,011,490,751 1,210,984,451 1,258,060,286 1,283,221,491 1,308,885,921
Assumption of 98% collection rate 640,477,352 737,466,708 770,268,014 785,673,375 801,386,842 817,414,579 833,762,871 850,438,128 867,446,891 971,824,447 991,260,936 1,186,764,762 1,232,899,080 1,257,557,061 1,282,708,203
64,048$ 73,747$ 77,027$ 78,567$ 80,139$ 81,741$ 83,376$ 85,044$ 86,745$ 97,182$ 99,126$ 118,676$ 123,290$ 125,756$ 128,271$
***65 and older taxable value represents $24,091,253 which is not included in the totals above
Assumptions:
1 Current residential valuations remain flat for FY 11-12 and then increase 2% annually (inflation plus new improvements)
2 Current commercial valuations remain flat for FY 11-12 + $120K (80% of $150M cost on Deloitte) and flat for FY 12-13 + $80K (80% of $100M on Deloitte) and then increase 2% annuall
3 Commercial personal property valuations remain flat for FY 11-12 and then increase at 2% annually, plus estimated increase of $25M from new development at Deloitte.
4 Agriculture valuations and deferrals remain flat for FY 11-12 and then increase 2 % annually
5 Based on TAD amounts on certified 7.25.10 values; Remain flat for FY 11-12 and then increase 2% in subsequent years
6 Denton County Taxable Property is flat for FY 11-12 and FY 12-13 and then appreciates 2% annually
7 90% Fidelity Phase I tax abatement; 2010 Roll taxable value $68,528,575. Rebate effective until mid-2011 under 2000 economic development agreement
8 90% tax abatement for 10 years beginning year of intial CO; Thru FY 18/19; 2010 Roll taxable value $80,041,068, flat for FY 11-12 and 2% annual appreciation in subsequent years.
9 2010 Roll taxable value of personal property $12,277,810 for All Fidelity - Assumed 66% for Phase I
10 2010 Roll taxable value of personal property $12,277,810 for ALL Fidelity - Assumed 33% for Phase II; flat for FY 11-12 with 2% annual appreciation in subsequent years.
11 75% tax abatement for 10 years; assumes CO in-mid 10/11, with taxable value of $120M on tax rolls as of Jan. 2011, $80M as of Jan. 2012
12 Assumes $25M in taxable commercial personal property in FY 12/13, abated at same schedule as #11 with 2% annual appreciation.
Excluding Gas Wells
FIFTEEN YEAR FORECAST (20% Homestead Exemption and 65 & Older Freeze Included) (September 1 Certified Values)
Abatements and rebates
Tax Revenue from one cent property tax
Town of Westlake
FY 10/11 FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26
Tax Revenue from one cent property tax 64,048$ 73,747$ 77,027$ 78,567$ 80,139$ 81,741$ 83,376$ 85,044$ 86,745$ 97,182$ 99,126$ 118,676$ 123,290$ 125,756$ 128,271$
Tax rate of:
0.10 640,477 737,467 770,268 785,673 801,387 817,415 833,763 850,438 867,447 971,824 991,261 1,186,765 1,232,899 1,257,557 1,282,708
0.15 960,716 1,106,200 1,155,402 1,178,510 1,202,080 1,226,122 1,250,644 1,275,657 1,301,170 1,457,737 1,486,891 1,780,147 1,849,349 1,886,336 1,924,062
0.20 1,280,955 1,474,933 1,540,536 1,571,347 1,602,774 1,634,829 1,667,526 1,700,876 1,734,894 1,943,649 1,982,522 2,373,530 2,465,798 2,515,114 2,565,416
0.25 1,601,193 1,843,667 1,925,670 1,964,183 2,003,467 2,043,536 2,084,407 2,126,095 2,168,617 2,429,561 2,478,152 2,966,912 3,082,248 3,143,893 3,206,771
0.30 1,921,432 2,212,400 2,310,804 2,357,020 2,404,161 2,452,244 2,501,289 2,551,314 2,602,341 2,915,473 2,973,783 3,560,294 3,698,697 3,772,671 3,848,125
0.35 2,241,671 2,581,133 2,695,938 2,749,857 2,804,854 2,860,951 2,918,170 2,976,533 3,036,064 3,401,386 3,469,413 4,153,677 4,315,147 4,401,450 4,489,479
0.40 2,561,909 2,949,867 3,081,072 3,142,693 3,205,547 3,269,658 3,335,051 3,401,753 3,469,788 3,887,298 3,965,044 4,747,059 4,931,596 5,030,228 5,130,833
0.45 2,882,148 3,318,600 3,466,206 3,535,530 3,606,241 3,678,366 3,751,933 3,826,972 3,903,511 4,373,210 4,460,674 5,340,441 5,548,046 5,659,007 5,772,187
0.50 3,202,387 3,687,334 3,851,340 3,928,367 4,006,934 4,087,073 4,168,814 4,252,191 4,337,234 4,859,122 4,956,305 5,933,824 6,164,495 6,287,785 6,413,541
0.55 3,522,625 4,056,067 4,236,474 4,321,204 4,407,628 4,495,780 4,585,696 4,677,410 4,770,958 5,345,034 5,451,935 6,527,206 6,780,945 6,916,564 7,054,895
WHAT A PENNY WILL GENERATE
Municipality
Proposed Tax Rates FY
2010-2011 M&O I &S Collection Rate
Fort Worth **0.855 0.7109 0.1441 Not released
Burleson 0.71 0.5478 0.1622 98%
Hurst 0.578 0.4452843 0.1327157 97%
Trophy Club 0.535 0.41533 0.11967 100%
Bedford 0.491609 0.309075 0.182534 97%
Euless 0.47 0.343905 0.126095 Not released
Southlake 0.462 0.332 0.13 97%
Flower Mound 0.4497 0.3227 0.127 Not released
Keller 0.44219 0.31219 0.13 99.10%
Roanoke 0.37521 Not released Not released 99%
Colleyville 0.3559 0.29758 0.05832 98%
Grapevine 0.35 0.13643 0.21357 99%
Westlake (FY 10-11)0.1714 0.1562 0.0152 98%
Westlake (FY 11-12 Est.)0.2151 0.1562 0.0589 98%
Median 0.466 0.332 0.13 98%
Mean 0.5062 0.3793813 0.138745882 98%
Min 0.3500 0.13643 0.05832 97%
Max 0.855 0.7109 0.21357 100%
** Tax Rate for FY 2009-2010
Assumption of $6.21M bond issue in FY 10-11 for CIP
Neighboring Muncipalities Proposed
Tax Rates for FY 2010-2011
and Current Collection Rates
Number of
Homes Total Appraised Value With 20% Exemption
Tax Amount per $.1714
Tax Rate (FY 10-11)
Tax Amount per $.2151
Tax Rate (FY 11-12)
203 $ 200,000 $ 160,000 $ 274 $ 344
70 $ 500,000 $ 400,000 $ 686 $ 860
185 $ 1,000,000 $ 800,000 $ 1,371 $ 1,721
53 $ 1,500,000 $ 1,200,000 $ 2,057 $ 2,581
11 $ 3,000,000 $ 2,400,000 $ 4,114 $ 5,162
1 $ 4,000,000 $ 3,200,000 $ 5,485 $ 6,883
1 $ 5,000,000 $ 4,000,000 $ 6,856 $ 8,604
1 $ 6,000,000 $ 4,800,000 $ 8,227 $ 10,325
1 $ 7,000,000 $ 5,600,000 $ 9,598 $ 12,046
* Average home value in Westlake = $1,417,955
Impact by Home Value
Page 1 of 2
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Stan Lowry, Town Attorney
Subject: Meeting of September 29, 2010
Date: September 22, 2010
ITEM
Regular Consideration of a Resolution Ratifying the Municipal Ad Valorem (Property)
Tax Increase as reflected in the FY 2010-2011 Town of Westlake Budget
VISION POINT AND KEY RESULT AREAS
This item supports the following 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 stewardships
o Infrastructure maintenance and planning
Hospitality Finds its Home in Westlake
o Citizen engagement and communication
o Historic Preservation
o Tourism development
BACKGROUND
Pursuant to the requirements of Texas Local Government Code section 102.007(c) it is necessary
for the Town Council to vote to ratify the property tax increase as reflected in the 2010/2011
Budget.
“SECTION 4. Section 102.007, Local Government Code, Subsection (c), reads as
follows: “Adoption of a budget that will require raising more revenue from property tax es than
in the previous year requires a separate vote of the governing body to ratify the property tax
increase reflected in the budget. A vote under this subsection is in addition to and separate from
Page 2 of 2
the vote to adopt the budget or vote to set the tax rate required by Chapter 26, Tax Code, or other
law”. [Emphasis added.]
The Council is reminded that the tax increase that is included in this budget totals $6,183 and all
of that increase resulted from new properties on this year’s tax roll.
FUNDING
n/a
RECOMMENDATION
Staff recommends the following motion:
Approval of a resolution to ratify the municipal ad valorem (property) tax increase as
reflected in the in the tax levy ordinance and referenced in the FY 2010-2011 Budget
ATTACHMENTS
Resolution
Resolution 10-28
Page 1 of 1
TOWN OF WESTLAKE
RESOLUTION NO. 10-28
A RESOLUTION OF THE TOWN OF WESTLAKE RATIFYING THE
MUNICIPAL AD VALOREM (PROPERTY) TAX INCREASE AS REFLECTED
IN THE FY 2010-2011 TOWN OF WESTLAKE BUDGET
WHEREAS, the Town of Westlake has not previously had a municipal property
tax; and
WHEREAS, the Town of Westlake is adopting a property tax for the tax year
2010 (fiscal year 2010//2011 budget); and
WHEREAS, Westlake has adopted an annual budget that requires raising more
revenue from property taxes than in the previous year, when no revenue was raised from
property taxes; and
WHEREAS, any municipal taxes would be more than zero, thus more revenue
will be raised from municipal property taxes this year than last year, thus, pursuant to the
terms of Texas Local Government Code section 102.007(c), a separate vote in addition to
the vote to adopt the budget is required.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1: That the Town Council of the Town of Westlake, Texas hereby
ratifies the property tax rate reflected in the tax levy ordinance and referenced in the
budget.
SECTION 2: That any prior Resolutions inconsistent with the Resolution are
hereby repealed.
PASSED AND APPROVED ON THIS 29th DAY OF SEPTEMBER 2010.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Page 1 of 2
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Tom Brymer, Town Manager
Subject: Regular Meeting of September 29, 2010
Date: September 21, 2010
ITEM
Regular Consideration of a Resolution Approving a Contract with Tarrant County for
Collection of Municipal Ad Valorem Taxes
VISION POINT AND KEY RESULT AREAS
This item supports the following 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 stewardships
o Infrastructure maintenance and planning
Hospitality Finds its Home in Westlake
o Citizen engagement and communication
o Historic Preservation
o Tourism development
BACKGROUND The focus for the FY 2010-11 Proposed Budget has been positioning the
Town for financial sustainability (both for the general municipal services and Westlake
Academy), a key priority found in the Town’s strategic plan. Please note that the Westlake
Academy operating budget has also been included, for presentation and transparency purposes,
in this budget document.
In addition to budget workshops held on May 24, 2010, August 20, 2010 and September 23,
2010, the Town Council has held public meetings/hearings on a proposal for a municipal ad
valorem (property) tax to address the Town’s financial sustainability. Additionally, transparency
Page 2 of 2
of this process and the information considered has been given strong emphasis. The Town has
utilized its web site to place information from the various meetings concerning ad valorem tax
discussion on its web site at: http://www.westlake-tx.org/en/FinancialSustainability.html
On June 28, 2010 the Town Council set the residential tax exemption at the maximum (20%)
allowed by State law and accepted the Town Attorney’s legal interpretation that the Over
65/Disabled Exemption base year for taxable value would be zero for those residential property
owners of that age or of that disability as of this year.
As proposed by staff, a municipal ad valorem tax of $.1562 per $100 of assessed valuation for
maintenance and operations of the General Fund would generate an estimated $1,000,426 in
FY10-11 to address the Town’s financial sustainability challenges. Additionally, depending on
desires for funding currently unaddressed capital improvement needs, an interest/sinking (debt
service) ad valorem tax rate could be levied in the amount of $0.0152 per $100 of assessed
valuation. This would bring the total proposed FY 2010-11 ad valorem tax rate to $0.1714 per
$100 of assessed valuation.
This resolution would approve a contract with Tarrant County for collection of ad valorem taxes
on behalf of the Town of Westlake (i.e. outsourcing this service).
FUNDING Funds have not been budgeted for this service. Estimated total cost is
approximately $635.70; $0.65 per account and the Town has 978 accounts. Denton County will
convey the information for billing of properties located in their jurisdiction for collection to
Tarrant County in order to avoid duplication.
RECOMMENDATION Recommend adoption of the resolution if the Town Council approves
an ad valorem tax levy.
ATTACHMENTS:
1.) Resolution
2.) Contract for Ad Valorem Tax Collection by Tarrant County
Resolution 10-29
Page 1 of 1
TOWN OF WESTLAKE
RESOLUTION NO. 10-29
A RESOLUTION OF THE TOWN OF WESTLAKE APPROVING A CONTRACT
FOR THE COLLECTION OF TAXES BY THE TARRANT COUNTY
ASSESSOR/ COLLECTOR.
WHEREAS, the Town of Westlake has not previously had a municipal property
tax; and
WHEREAS, the Town of Westlake is adopting a property tax for the tax year
2010 (fiscal year 2010//2011 budget); and
WHEREAS, the Town of Westlake wishes to defray its costs of collection, as
authorized by Texas Tax Code § 31.01 by authorizing the Tarrant County Tax Assessor /
Collector to collect taxes for the Town of Westlake.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1: That the recitals set forth above in this Resolution are true and
correct.
SECTION 2. That the Town Council of the Town of Westlake, Texas hereby
approves the Agreement between the Town of Westlake and the Tarrant County Assessor
/ Collector, attached hereto as Exhibit “A” for the collection of taxes for the Town of
Westlake by the Tarrant County Assessor / Collector.
SECTION 3: That any prior Resolutions inconsistent with the Resolution are
hereby repealed.
PASSED AND APPROVED ON THIS 29th DAY OF SEPTEMBER 2010.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
§ Agreement For The Collection Of Taxes
COUNTY OF TARRANT §
Agreement made this _____day of__________________, 2010, by and between the Tarrant County Tax Assessor/Collector,
hereinafter referred to as ASSESSOR/COLLECTOR, and Tarrant County, hereinafter referred to as the COUNTY, both of
whom are addressed at 100 E. Weatherford Street, Fort Worth, Texas 76196-0301, and the Town of Westlake, hereinafter
referred to as Town, whose address is 3 Village Circle, Suite 202, Westlake, TX 76262-7940.
PURPOSE OF AGREEMENT
The purpose of this Agreement is to state the terms and conditions under which the ASSESSOR/COLLECTOR will provide
assessment and collection services of Ad Valorem taxes levied by the Town.
NOW THEREFORE, in consideration of the mutual promises herein contained, the parties hereto agree as follows:
I.
SERVICES TO BE PERFORMED
The ASSESSOR/COLLECTOR agrees to bill and collect the taxes due and owing on taxable property upon which the Town
has imposed said taxes. The ASSESSOR/COLLECTOR shall perform the said services in the same manner and fashion as
Tarrant County collects its own taxes due and owing on taxable property. The services performed are as follows: receiving the
Certified Appraisal Roll from the appropriate Appraisal District and monthly changes thereto; providing mortgage companies,
property owners and tax representatives, tax roll and payment data; providing all necessary assessments of taxes and Truth in
Taxation calculations as required; the transmittal of tax statements via the U.S. Mail or electronic transfer of data; and payment
processing. All Town disbursements, made by check or by electronic transfer (ACH), for collected tax accounts will be made to
the Town on the day the COUNTY Depository Bank indicates the mandatory assigned "float" period has elapsed and the funds
are posted to the collected balance . If any daily collection total is less than one hundred dollars ($100.00), the disbursement
may be withheld until the cumulative total of taxes collected for the Town equals at least one hundred dollars ($100.00), or at
the close of the month.
II.
REPORTS
The ASSESSOR/COLLECTOR will provide the Town the following reports, if requested:
Daily: General Ledger Distribution Report
Weekly: Detail Collection Report (Summary)
Monthly: Tax Roll Summary (Totals Only)
Year-to-Date Summary Report
Detail Collection Report (Summary)
Distribution Report (Summary)
Delinquent Tax Attorney Tape
Annual: Paid Tax Roll
Delinquent Tax Roll
Current Tax Roll
A selection of the above listed Reports will only be available by internet access. The ASSESSOR/COLLECTOR will provide
the Town the General Ledger Revenue & Expense Report monthly as required by Sec. 31.10 of the Texas Property Tax Code.
III.
COMPENSATION
In consideration of the services to be performed by the ASSESSOR/COLLECTOR, compensation for the services rendered is a
rate of sixty five cents ($.65) per account. The number of accounts will be based on the October billing roll certified to the
ASSESSOR/COLLECTOR by the Appraisal District. New accounts added by the appropriate Appraisal District will be billed
to the entity. The ASSESSOR/COLLECTOR will invoice for all these accounts by January 11, 2011 with payment to be
received from the Town by February 14, 2011.
The scope of services identified in this contract does not include the administration of a rollback election. In the event of a
successful rollback election, these costs incurred by the Tarrant County Tax Office will be separately identified, billed, and paid
by the entity.
IV.
AUDITS
The ASSESSOR/COLLECTOR will provide to the Town auditor necessary explanations of all reports and access to
ASSESSOR/COLLECTOR in-house tax system computer terminals to assist the Town auditor in verifying audit samples of the
financial data previously provided by the ASSESSOR/COLLECTOR during the past audit period.
V.
TAX RATE REQUIREMENT
The Town will provide the ASSESSOR/COLLECTOR, in writing, the Town’s newly adopted tax rate and exemption
schedule to be applied for assessing purposes by Wednesday, September 15, 2010. Under authority of Section 31.01 (h) of
the Property Tax Code, any additional cost of printing and mailing tax statements because of late reporting of the tax rate or the
exemption schedule will be charged to and must be paid by the Town. If the Town wishes its collection reports to be itemized
as to maintenance and operation fund and interest and sinking fund, then the notice advising of the new tax rate must set out the
separate rates, as well as the total rate.
The tax rate and the exemption schedule for each of the last five (5) years in which an ad valorem tax was levied, or all prior
years where there remains delinquent tax, must be furnished in writing to the ASSESSOR/COLLECTOR at the time of the
initial contract.
VI.
COMPLIANCE WITH APPLICABLE
STATUTES, ORDINANCES, AND REGULATIONS
In performing the services required under this Agreement, the ASSESSOR/COLLECTOR shall comply with all applicable
federal and state statutes, final Court orders and Comptroller regulations. If such compliance is impossible for reasons beyond
its control, the ASSESSOR/COLLECTOR shall immediately notify the Town of that fact and the reasons therefore.
VII.
DEPOSIT OF FUNDS
All funds collected by the ASSESSOR/COLLECTOR in the performance of the services stated herein for the Town shall be
promptly transferred to the account of the Town at the Town’s depository bank. All payments to entities will be made
electronically by the automated clearing house (ACH). The ASSESSOR/COLLECTOR has no liability for the funds after
initiation of the ACH transfer of the Town’s funds from the COUNTY Depository to the Town’s designated depository.
VIII.
INVESTMENT OF FUNDS
The Town hereby agrees that the COUNTY, acting through the COUNTY Auditor, may invest collected ad valorem tax funds
of the Town during the period between collection and payment. The COUNTY agrees that it will invest such funds in
compliance with the Public Funds Investment Act. The COUNTY further agrees that it will pay to the Town all interest or
other earnings attributable to taxes owed to the Town. All parties agree that this Agreement will not be construed to lengthen
the time period during which the COUNTY or the ASSESSOR/COLLECTOR may hold such funds before payment to the
Town.
IX.
REFUNDS
Refunds will be made by the ASSESSOR/COLLECTOR except as set forth herein. The ASSESSOR/COLLECTOR will
advise the Town of changes in the tax roll which were mandated by the appropriate Appraisal District.
The ASSESSOR/COLLECTOR will not make refunds on prior year paid accounts unless the prior year paid accounts for the
past five (5) years are provided to the ASSESSOR/COLLECTOR.
All refunds of overpayments or erroneous payments due, but not requested, and as described in Section 31.11 of the Texas
Property Tax Code, will after three years from the date of payment, be proportionately disbursed to those entities contracting
with the ASSESSOR/COLLECTOR. The contract must have been in force, actual assessment and collection functions begun
and the tax account was at the time of the over or erroneous payment within the Town’s jurisdiction. The proportional share is
based upon the Town’s percent of the tax account's total levy assessed at the time of receipt of the over or erroneous payment.
In the event any lawsuit regarding the collection of taxes provided for in this agreement to which Town of Westlake is a party, is
settled or a final judgment rendered, and which final judgment is not appealed, and the terms of such settlement agreement or
final judgment require that a refund be issued by Town of Westlake to the taxpayer, such refund shall be made by
ASSESSOR/COLLECTOR by debiting funds collected by ASSESSOR/COLLECTOR on behalf of Town of Westlake and
remitting such refund to the taxpayer in conformity with the terms of the settlement agreement or final judgment.
X.
DELINQUENT COLLECTIONS
The ASSESSOR/COLLECTOR will assess and collect the collection fee pursuant to Sections, 33.07, 33.08, 33.11 (changed
order) and 33.48 of the Property Tax Code, when allowed. The ASSESSOR/COLLECTOR will collect attorney fees that are
specified by the Town through written agreement with a delinquent collection Attorney. The ASSESSOR/COLLECTOR will
disburse the amount directly to the Town for compensation to a Firm under contract to the Town.
If the delinquent collection Attorney contracted by the Town requires attendance of ASSESSOR/COLLECTOR personnel at a
court other than the District Courts in downtown Fort Worth, and the COUNTY is not a party, the employee's expenses and
proportionate salary will be the responsibility of the Town and will be added to the collection expenses and charged to the
Town.
The ASSESSOR/COLLECTOR will not be responsible for the collection of prior year delinquent accounts unless all delinquent
accounts information is provided to the ASSESSOR/COLLECTOR.
XI.
TERM OF AGREEMENT
This Agreement shall become effective as of the date hereinabove set out, and shall continue in effect during the 2010 tax year,
unless sooner terminated by providing sixty (60) day written notice, as outlined in paragraph XII.
XII.
NOTICES
Any notices to be given hereunder by either party to the other may be effected, in writing, either by personal delivery or by mail,
registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the address of the
parties as they appear in the introductory paragraph of this Agreement, but each party may change this address by written notice
in accordance with this paragraph.
XIII.
MISCELLANEOUS PROVISIONS
This instrument hereto contains the entire Agreement between the parties relating to the rights herein granted and obligations
herein assumed. Any oral representations or modifications concerning this instrument shall be of no force or effect.
This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties
created hereunder are performable in Tarrant County, Texas.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives and
successors.
In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or enforceability shall not affect any other provision hereof and this
Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained.
This Agreement and the attachments hereto constitutes the sole and only agreement of the parties hereto and supersedes any
prior understandings or written or oral agreements between the parties respecting the within subject matter.
Executed on the day and year first above written, Tarrant County, Texas.
BY:______________________________ _________________
BETSY PRICE, RTA DATE
TAX ASSESSOR/COLLECTOR
TARRANT COUNTY
FOR THE TOWN OF WESTLAKE:
BY: ______________________________ ___________________
DATE
TITLE: ________________________
FOR TARRANT COUNTY:
BY: ______________________________ ___________________
B. GLEN WHITLEY DATE
TARRANT COUNTY JUDGE
APPROVED AS TO FORM * AND CONTENT
BY:_______________________________ ___________________
DISTRICT ATTORNEY’S OFFICE DATE
*By law, the District Attorney’s Office may only advise or approve
contracts or legal documents on behalf of its clients. It may not
advise or approve a contract or legal document on behalf of other
parties. Our review of this document was conducted solely from the
legal perspective of our client. Our approval of this document was
offered solely for the benefit of our client. Other parties should not
rely on this approval, and should seek review and approval by their own
respective attorney(s).
Page 1 of 2
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Tom Brymer, Finance Director
Subject: Meeting of September 29, 2010
Date: September 21, 2010
ITEM
Regular Consideration of a Resolution Approving a Contract with Linebarger, Goggan,
Blair & Sampson LLP for Delinquent Ad Valorem Tax Collection.
VISION POINT AND KEY RESULT AREAS
This item supports the following 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 stewardships
o Infrastructure maintenance and planning
Hospitality Finds its Home in Westlake
o Citizen engagement and communication
o Historic Preservation
o Tourism development
BACKGROUND
This resolution authorizes the Town to execute a contract with Linebarger, Goggan, Blair &
Sampson, LLP, for collection of delinquent ad valorem taxes. If the Town chooses to adopt a tax
rate this year, collection of delinquent taxes will be vital to the budgeting process and the
effectiveness of the adopted rate. Without a firm to collect delinquent taxes, the adopt ed tax rate
may be insufficient for all projected expenditures. Linebarger has extensive experience in this
field and has a proven track record in the field of tax collection and has an excellent reputation in
dealing with taxpayers.
Page 2 of 2
FUNDING
This resolution will require no funding from the Town. All funding comes in the form of the
previously adopted collection penalty which is paid by delinquent taxpayers. The penalty is in
addition to the taxes owed, so the Town will incur no expense.
RECOMMENDATION
Staff recommends that the Town Council adopt this resolution authorizing Linebarger, Goggan,
Blair & Sampson, LLP, to be retained by contract as the Town’s attorney for purposes of
delinquent ad valorem tax collection.
ATTACHMENTS:
Resolution
Contract with Linebarger, Goggan, Blair & Sampson, LLP
Resolution 10-30
Page 1 of 7
TOWN OF WESTLAKE
RESOLUTION NO. 10-30
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AUTHORIZING A CONTRACT WITH LINEBARGER, GOGGAN, BLAIR &
SAMPSON LLP FOR DELINQUENT TAX COLLECTION.
WHEREAS, the Town Council for the Town of Westlake has approved an Ad Valorem
tax rate to ensure the continued provision of services necessary to the quality of life expected by
the residents of the Town; and
WHEREAS, the Town Council has adopted a resolution for the collection of delinquent
Ad Valorem taxes in an effort to defray costs and to provide the maximum efficiency of the
adopted Ad Valorem tax rate; and
WHEREAS, pursuant to Section 6.30 of the Texas Tax Code, the Town Council is
permitted to enter into a contract with a private law firm for the purpose of collecting delinquent
taxes; and
WHEREAS, the Town Council desires the appointment of the firm of Linebarger,
Goggan, Blair & Sampson, LLP, as the private law firm responsible for delinquent Ad Valorem
tax collections for the Town of Westlake, based on the firm’s outstanding record in service and
collection efforts; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
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: The Town Council of the Town of Westlake hereby approves the contract
with Linebarger, Goggan, Blair & Sampson LLP, attached as Exhibit “A”, for the collection of
delinquent Ad Valorem taxes.
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 10-30
Page 2 of 7
PASSED AND APPROVED ON THIS 29TH DAY OF SEPTEMBER 2010.
ATTEST: ________________________________
Laura L. Wheat, Mayor
________________________________ _________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
_______________________________
L. Stanton Lowry, Town Attorney
Resolution 10-30
Page 3 of 7
Exhibit “A”,
Agreement for Tax Collection Services
This Agreement is made between Linebarger Goggan Blair & Sampson, LLP (hereinafter
referred to as the "Firm") and the Town of Westlake (hereinafter referred to as the "Client").
Article I
Nature of Relationship
1.01 The parties hereto acknowledge that this Agreement creates an attorney-client
relationship.
1.02 The Client hereby employs the Firm to provide the services hereinafter described
for compensation hereinafter provided.
Article 2
Scope of Services
2.01 The Firm shall take reasonable and necessary actions to collect property taxes that
are owed to the Client and to any other taxing unit whose taxes are assessed and collected by the
Client, and that are subject to this agreement, as hereinafter provided.
2.02 The Client may from time-to-time specify in writing additional actions to be taken
by the Firm in connection with the collection of taxes that are owed to the Client. Client further
constitutes and appoints the Firm as Client's attorneys to sign all legal instruments, pleadings,
drafts, authorizations and papers as shall be reasonably necessary to prosecute the Client's claim
for taxes.
2.03 Taxes owed to the Client shall become subject to this agreement upon the
following dates, whichever occurs first:
(a) On February 1 of the year in which the taxes become delinquent if a previously
filed tax suit is then pending against the property subject to the tax;
(b) On the date any lawsuit is filed with respect to the recovery of the tax if the tax is
delinquent and is required to be included in the suit pursuant to TEX. TAX CODE § 33.42(a);
(c) On the date of filing any application for tax warrant where recovery of the tax or
estimated tax is sought and where the filing of an application for tax warrant by the Firm is at the
request of Client's Tax Assessor-Collector;
(d) On the date of filing any claim in bankruptcy where recovery of the tax is sought;
or
Resolution 10-30
Page 4 of 7
(e) In the case of tangible personal property, on the 60th day after the February 1
delinquency date; or
(f) On July 1 of the year in which the taxes become delinquent.
Article 3
Compensation
3.01 Client agrees to pay to the Firm, as compensation for the services required herein
twenty (20%) percent of the amount of all 2010 and subsequent year taxes, penalty and interest
subject to the terms of this contract as set forth in Paragraph 2.03 above, collected and paid to the
collector of taxes during the term of this contract, as and when collected.
3.02 The Client shall pay the Firm by the twentieth day of each month, all
compensation earned by the Firm for the previous month as provided in this Article 3. All
compensation above provided for shall become the property of the Firm at the time payment of
the taxes, penalty and interest is made to the collector.
Article 4
Intellectual Property Rights
4.01 The Client recognizes and acknowledges that the Firm owns all right, title and
interest in certain proprietary software that the Firm may utilize in conjunction with performing
the services provided in this Agreement. The Client agrees and hereby grants to the Firm the
right to use and incorporate any information provided by the Client ("Client Information") to
update the databases in this proprietary software, and, notwithstanding that Client Information
has been or shall be used to update the databases in this proprietary software, further stipulates
and agrees that the Client shall have no rights or ownership whatsoever in and to the software or
the data contained therein, except that the Client shall be entitled to obtain a copy of such data
that directly relates to the Client's accounts at any time.
4.02 The Firm agrees that it will not share or disclose any specific confidential Client
Information with any other company, individual, organization or agency, without the prior
written consent of the Client, except as may be required by law or where such information is
otherwise publicly available. It is agreed that the Firm shall have the right to use Client
Information for internal analysis, purposes of improving the proprietary software and database,
and to generate aggregate data and statistics that may inherently contain Client Information.
These aggregate statistics are owned solely by the Firm and will generally be used internally, but
may be shared with the Firm's affiliates, partners or other third parties for purposes of i mproving
the Firm's software and services.
Resolution 10-30
Page 5 of 7
Article 5
Costs
5.01 The Firm and Client recognize that publication costs for citations and notices of
sale and title abstract costs will be incurred in the process of providing the litigation services
contemplated in this Agreement. All such costs shall be billed to the Client, in care of the Firm,
and the Firm will advance the payment of such costs on behalf of the Client. Upon recovery of
such costs from the defendants or from the tax sale of defendants' property, the Firm shall be
reimbursed for the advance payment. Alternatively, the Firm may arrange with the vendor or
agency providing the service that actual payment of the costs of services is wholly contingent
upon recovery of such costs by the Client or the Firm from the defendants or from the tax sale of
defendants' property. In such contingent arrangements, the Client has no responsibility or
liability for payment or advancement of any costs, other than forwarding to the vendor or service
provider any cost amounts received from defendants or from the tax sale of defendants' property.
5.02 The Client acknowledges that the Firm may provide services, such as title
research, with its own employees or with other entities or individuals who may be affiliated with
the Firm, but the Firm agrees that any charges for such services will be reasonable and consistent
with what the same services would cost if obtained from a third party. The Client agrees that
upon the recovery of such costs, the Client will: (i) pay the Firm for any such costs which have
been advanced by the Firm or performed by the Firm, and (ii) pay any third party agency or
vendor owed for performing such services.
Article 6
Term and Termination
6.01 This Agreement shall be effective on October 1, 2010 (The "Effective Date") and
shall expire on September 30, 2013 (the "Expiration Date") unless extended as hereinafter
provided.
6.02 Unless prior to 60 days before the Expiration Date, the Client or the Firm notifies
the other in writing that it does not wish to continue this Agreement beyond its initial term, this
Agreement shall be automatically extended for an additional one year period without the
necessity of any further action by either party. In the absence of any such 60 day notice b y either
the Client or the Firm, the Agreement shall continue to automatically renew for additional and
successive one-year terms in the same manner at the end of each renewal period.
6.03 If at any time during the initial term of this Agreement or any extension hereof,
the Client determines that the Firm's performance under this Agreement is unsatisfactory, the
Client shall notify the Firm in writing of the Client's determination. The notice from the Client
shall specify the particular deficiencies that the Client has observed in the Firm's performance.
The Firm shall have sixty (60) days from the date of the notice to cure any such deficiencies. If
at the conclusion of that sixty-day remedial period, the Client remains unsatisfied with the Firm's
performance, the Client
Resolution 10-30
Page 6 of 7
may terminate this Agreement effective upon the expiration of thirty days following the date of
written notice to the Firm of such termination ("Termination Date").
6.04 Whether this Agreement expires or is terminated, the Firm shall be entitled to
continue to prosecute any tax suits, applications for tax warrants or bankruptcy claims pending
on the Termination Date or Expiration Date for an additional six months following termination
or expiration. The Client agrees that the Firm shall be compensated as provided by Article 3 for
any base tax, penalties and interest collected in the pending matters during the six-month period.
6.05 The Client agrees that the Firm shall be reimbursed for any costs advanced and
shall be paid for any services performed pursuant to Article 5 when such costs are recovered by
or on behalf of the Client, regardless of the date recovered. It is expressly agreed that neither the
expiration nor the termination of this Agreement constitutes a waiver by the Fi rm of its
entitlement to be reimbursed for such costs and to be paid for such services. It is further
expressly agreed that the expiration of any six-month period under Section 6.04 does not
constitute any such waiver by the Firm.
Article 7
Miscellaneous
7.01 Assignment and Subcontracting. This Agreement is not assignable, provided
however, the Firm may from time-to-time obtain co-counsel or subcontract some of the services
provided for herein to other law firms or entities. In such cases, the Firm will retain supervisory
control and responsibility for any services provided by such co-counsel or subcontractors and
shall be responsible to pay any compensation due to any such co-counsel or subcontractor.
7.02 Arbitration. Any controversy between the parties to this Agreement involving the
construction or application of any of the terms, covenants, or conditions of this Agreement shall,
on the written request of one party served on the other, be submitted to arbitration, and such
arbitration shall comply with and be governed by the provisions of the Texas General Arbitration
Act.
7.03 Integration. This Agreement contains the entire agreement between the parties
hereto and may only be modified in a written amendment, executed by both parties.
7.04 Representation of Other Taxing Entities. The Client acknowledges and consents
to the representation by the Firm of other taxing entities that may be owed taxes or other claims
and be secured by the same property as the Client's claim.
Resolution 10-30
Page 7 of 7
In consideration of the terms and compensation herein stated, the Firm hereby
accepts said employment and undertakes the performance of this Agreement as above written.
This Agreement is executed on behalf of the Firm and of the Client by the duly authorized
persons whose signatures appear below.
Town of Westlake Linebarger Goggan Blair
& Sampson, LLP
By: _______________________________
By: _______________________________
Stephen T. Meeks, Capital Partner
Date:
Date:
ATTEST:
_______________________________
_______________________________
Page 1 of 2
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Tom Brymer, Town Manager
Subject: Meeting of September 29, 2010
Date: September 21, 2010
ITEM
Regular Consideration of a Resolution Adopting a Twenty (20) percent Collection Penalty
for Delinquent Ad Valorem Taxes.
VISION POINT AND KEY RESULT AREAS
This item supports the following 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 stewardships
o Infrastructure maintenance and planning
Hospitality Finds its Home in Westlake
o Citizen engagement and communication
o Historic Preservation
o Tourism development
BACKGROUND
This resolution authorizes the Town to impose a twenty (20) percent collection penalty to
delinquent ad valorem taxes pursuant to Sections 33.07 and 33.08 of the Texas Tax Code. If the
Town Council chooses to adopt an ad valorem tax for the Town of Westlake, the collection
penalty will be imposed on those taxes which remain delinquent on June 1 of the year taxes
become due. The collection penalt y will be paid by the taxpayer in addition to the full tax
amount due.
FUNDING
This resolution will require no funding from the Town.
Page 2 of 2
RECOMMENDATION
Staff recommends that the Town approve the resolution authorizing a twenty (20) percent
collection penalty for delinquent ad valorem taxes. The penalty is not imposed until taxes are
four months overdue and appears to be reasonably related to the costs of collections.
ATTACHMENTS
Resolution
Resolution 10-31
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 10-31
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, ESTABLISHING A TWENTY PERCENT PENALTY ON DELINQUENT AD
VALOREM TAXES AS ALLOW BY THE TEXAS TAX CODE.
WHEREAS, the Town Council of the Town of Westlake has, pursuant to its authority as
a Type A General Law Municipality, adopted an ad valorem tax rate to ensure the continuance of
the quality services provided to residents of the Town; and
WHEREAS, the Town Council wishes to defray its costs of ad valorem collections, as
authorized by Texas Tax. Code § 33.07 and §33.08, that it incurs under a contract for collection
of delinquent property taxes between the Town and a private law firm entered into pursuant to
Texas Tax Code § 6.30; and
WHEREAS, under said Sections 33.07 and 33.08, the governing body of the Town of
Westlake is empowered to authorize the addition of a collection penalty in an amount that does
not exceed the amount of the compensation specified in the contract with the private law firm;
and
WHEREAS, the Town Council deems affordable and efficient collections as a necessary
need for the Town of Westlake; and
WHEREAS, the Town of Westlake wishes to defray its costs of collection, as authorized
by Texas Tax Code § 33.11, that it incurs under a contract for collection of delinquent property
taxes between the Town and a private law firm entered into pursuant to Texas Tax Code § 6.30;
and
WHEREAS, under said Section 33.11, the governing body of the Town of Westlake is
empowered to authorize the addition of a collection penalty in an amount that does not exceed
the amount of the compensation specified in the contract with the private law firm.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, THAT:
SECTION 1: The recitals set forth in this resolution are true and correct.
SECTION 2:
(a) An additional penalty on delinquent taxes for tax years 2010 and subsequent years is
hereby authorized and imposed, as provided by Section 33.07, Texas Tax Code, in the
amount of 20% of the delinquent tax, penalty and interest if the tax becomes
delinquent on or after February 1 of a year but not later than May 1 of that year and
remains delinquent on July 1 of the year in which the tax becomes delinquent; and
Resolution 10-31
Page 2 of 2
(b) An additional penalty on delinquent taxes for tax years 2010 and subsequent years is
hereby authorized and imposed, as provided by Section 33.08, Texas Tax Code, in the
amount of 20% of the delinquent tax, penalty and interest if the tax becomes
delinquent on or after June 1 under Section 26.07(f), 26.15(e), 31.03, 31.031, 31.032,
or 31.04, Texas Tax Code.
SECTION 3: An additional penalty on delinquent personal property taxes for tax years
2010 and subsequent years is hereby authorized and imposed, as provided by Section 33.11,
Texas Tax Code, in the amount of 20% of the delinquent tax, penalty and interest if the tax
becomes delinquent on February 1 of a year and remains delinquent on the 60th day thereafter.
PASSED AND APPROVED ON THIS 29TH DAY OF SEPTEMBER 2010.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
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.
a. Discussion regarding the formation of and direction to be given to the Town
of Westlake Green Team.
b. Policy considerations for use of Westlake Academy facilities during the
summer months.
Town of
Westlake
Item #11 - Future
Agenda Items
BOARD RECAP / STAFF DIRECTION
Town of
Westlake
Item #12 -
Board Recap /
Staff Direction
COUNCIL CALENDAR
- Town Council Meeting
October 25, 2010
- Westlake Historical Preservation Society (WHPS) Living History
Presentation
October 26, 2010 (7:00 pm, WA Performance Hall)
- Annual Texas Municipal League (TML) Conference
October 26-29, 2010 (Corpus Christi, TX)
- Annual WHPS Meeting
November 4, 2010 (Home of Wayne and Karen Stoltenberg)
- Town Council Meeting
November 8, 2010
Town of
Westlake
Item # 13 –
Council Calendar
The Council conducted a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Pursuant to Texas Government Code Section 551.087: Deliberation
Regarding Economic Development Negotiations – The Town Council will
deliberate the offer of a financial or other incentive to a business
prospect
Town of
Westlake
Item # 14 –
Take any Action,
if necessary
Town of
Westlake
Item # 15 –
Adjournment
Back up material has not
been provided for this item.