HomeMy WebLinkAbout12-13-10 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion
of the Town Council Workshop but not prior to the 7:00 p.m. posted start time.
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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
December 13, 2010
WESTLAKE TOWN HALL
3 VILLAGE CIRCLE, 2ND FLOOR
COUNCIL CHAMBERS / MUNICIPAL COURT ROOM
Workshop Session: 5:00 p.m.
Regular Session 7:00 p.m.
The Town Council will meet at 4:00 p.m., for a tour of the Deloitte
University Campus at 2501 Westlake Parkway, Westlake, TX
76262. The workshop session will begin immediately following
the tour.
Page 2 of 5
Workshop Session
1. CALL TO ORDER
2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM DECEMBER 13,
2010, COUNCIL REGULAR MEETING AGENDA.
3. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement offers, or other
legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following:
1. Rosevear and Simonetti vs. Town of Westlake
2. Michael Eaton vs. Town of Westlake
b. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
c. Section 551.072: Deliberation Regarding Real Property – to deliberate the
purchase, exchange, lease, or value of real property: Vaquero / Discovery Land.
d. Section 551.074(a)(1) Personnel Matters - to deliberate the appointment,
employment, evaluation, reassignment, duties, of a public officer or employee:
Town Manager.
4. RECONVENE MEETING
5. PRESENTATION AND DISCUSSION OF THE PROPOSED WATER AND
WASTEWATER RATES.
6. PRESENTATION AND DISCUSSION OF FIVE YEAR CAPITAL IMPROVEMENT
PLAN, THE FY 2010-11 CAPITAL PROJECTS BUDGET, AND POTENTIAL BOND
ISSUANCE TO FUND SAME.
7. COUNCIL RECAP / STAFF DIRECTION
8. ADJOURNMENT
Page 3 of 5
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.
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 November 1, 2010.
b. Consider approval of the minutes from the meeting held on November 8, 2010.
c. Consider approval of Resolution 10-39, Establishing regular meeting dates and
procedures.
d. Consider approval of Resolution 10-40, Authorizing the Town Manager to
provide notice to Atmos Mid-Tex that the Town of Westlake elects to include all
amounts collected in the definition of gross receipts.
e. Consider approval of Resolution 10-41, Appointing one member to the
Westlake Historical Preservation Society board.
f. Consider approval of Resolution 10-42, Tarrant County Obesity Prevention.
g. Consider approval of Ordinance 648, Amending Chapter 6, Alcoholic Beverages,
Article II, Sale, Section 6-36, License or permit; fees.
h. Consider approval of Ordinance 649, Amending Ordinance No. 408 for Solid
Waste and Recycling services with Allied Waste Services.
i. Consider approval of Ordinance 650, Amending Chapter 94 adding winter
average and water and sewer wholesale rate pass-through provision.
j. Consider approval of Ordinance 651, Amending water and waste rates.
k. Consider approval of Ordinance 652, Providing for the adoption of the Town FY
2010-2011Five (5) Year Capital Improvement Plan.
l. Consider approval of Resolution 10-45, Authorizing the Town Manager to
negotiate and enter into an agreement with MCImetro Access Transmission
Services LLC a wholly owned subsidiary of Verizon business, for the use of the
town’s telecommunication ductbank.
5. CONSIDERATION AND DISCUSSION OF RESOLUTION 10-43, APPROVING SITE
PLAN FOR PROPERTY ADDRESSED 2301 H.S. 377, LOT 1, BLOCK 1, OF THE
WESTLAKE CORNERS NORTH SUBDIVISION ZONED PD 3-11 FOR THE
CONSTRUCTION OF A CONVENIENCE STORE / GAS STATION.
Page 4 of 5
6. CONSIDERATION AND DISCUSSION OF RESOLUTION 10-44, APPROVING SITE
PLAN FOR PROPERTY ADDRESSED 2341 S.H. 377, LOT 2, BLOCK 1, OF THE
WESTLAKE CORNERS NORTH SUBDIVISION ZONED PD 3-11 FOR THE
CONSTRUCTION OF A LIQUOR STORE.
7. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.071: Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement offers, or other
legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following:
1. Rosevear and Simonetti vs. Town of Westlake
2. Michael Eaton vs. Town of Westlake
b. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
c. Section 551.072: Deliberation Regarding Real Property – to deliberate the
purchase, exchange, lease, or value of real property: Vaquero / Discovery Land.
d. Section 551.074(a)(1): Personnel Matters - to deliberate the appointment,
employment, evaluation, reassignment, duties, of a public officer or employee:
Town Manager.
8. RECONVENE MEETING
9. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
10. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or
Council meeting, under “Future Agenda Item Requests”, an agenda item for a future
Council meeting. The Council Member making the request will contact the Town
Manager with the requested item and the Town Manager will list it on the agenda. At
the meeting, the requesting Council Member will explain the item, the need for Council
discussion of the item, the item’s relationship to the Council’s strategic priorities, and
the amount of estimated staff time necessary to prepare for Council discussion. If the
requesting Council Member receives a second, the Town Manager will place the item on
the Council agenda calendar allowing for adequate time for staff preparation on the
agenda item.
- None
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11. COUNCIL RECAP / STAFF DIRECTION
12. COUNCIL CALENDAR
- Town Offices Closed
December 24th, 27th and 31st, 2010
- Town Offices Closed
January 17, 2011
- Town Council Meeting
January 24, 2011
- Town Council Meeting
February 28, 2011
13. ADJOURNMENT
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE
SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER
SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS
GOVERNMENT CODE.
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle,
December 8, 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 November 1, 2010.
b. Consider approval of the minutes from the meeting held on November 8, 2010.
c. Consider approval of Resolution 10-39, Establishing regular meeting dates and
procedures. (make copy for TC with info)
d. Consider approval of Resolution 10-40, Authorizing the Town Manager to
provide notice to Atmos Mid-Tex that the Town of Westlake elects to include all
amounts collected in the definition of gross receipts.
e. Consider approval of Resolution 10-41, Appointing one member to the Westlake
Historical Preservation Society board.
f. Consider approval of Resolution 10-42, Tarrant County Obesity Prevention.
g. Consider approval of Ordinance 648, Amending Chapter 6, Alcoholic Beverages,
Article II, Sale, Section 6-36, License or permit; fees.
h. Consider approval of Ordinance 649, Amending Ordinance No. 408 for Solid
Waste and Recycling services with Allied Waste Services.
i. Consider approval of Ordinance 650, Amending Chapter 94 adding winter
average and water and sewer wholesale rate pass-through provision.
j. Consider approval of Ordinance 651, Amending water and waste rates.
k. Consider approval of Ordinance 652, Providing for the adoption of the Town FY
2010-2011Five (5) Year Capital Improvement Plan.
l. Consider approval of Resolution 10-45, Authorizing the Town Manager to
negotiate and enter into an agreement with MCImetro Access Transmission
Services LLC a wholly owned subsidiary of Verizon business, for the use of the
town’s telecommunication ductbank.
Town of Westlake
Item # 2 –
Review of Consent
Agenda Items
EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement offers, or other legal
matters not related directly to litigation or settlement. Pending or contemplated
litigation and settlement offers include but are not limited to the following:
1.
2.
Rosevear and Simonetti vs. Town of Westlake
Michael Eaton vs. Town of Westlake
b. Section 551.087: Deliberation Regarding Economic Development Negotiations – to
deliberate the offer of a financial or other incentive to a business prospect.
c. Section 551.072: Deliberation Regarding Real Property – to deliberate the purchase,
exchange, lease, or value of real property: Vaquero / Discovery Land.
d. Section 551.074(a)(1) Personnel Matters - to deliberate the appointment,
employment, evaluation, reassignment, duties, of a public officer or employee: Town
Manager.
Town of Westlake
Item # 3 –
Executive Session
Town of Westlake
Item # 4 – Reconvene
Meeting
Page 1 of 2
Memo
Town of Westlake
To: Honorable Mayor and Members of the Town Council
From: Jarrod Greenwood, Public Works Director
Subject: Regular meeting of December 13, 2010
Date: December 3, 2010
Wkshp Presentation and discussion of the Town’s water and sewer rate structure -
ITEM
Part 2 and proposed ordinance.
Regular Consideration and discussion of an ordinance adopting new water and wastewater
rates.
This item supports the following Vision Point and Key Result Areas:
VISION POINT AND KEY RESULT AREAS
Inviting Residential & Corporate neighborhoods
o On-going comprehensive planning
o Sensitivity to neighborhood integrity
o Outstanding community appearance
o Highest quality development and aesthetic standards
o Open space preservation
We are Leaders
o Premier educational facilities and programs
o Producing well educated future leaders and thinkers
o Business partnerships with Westlake Academy
o Environmental stewardship initiatives
o High quality services delivery coupled with financial stewardships
o Infrastructure maintenance and planning
Hospitality Finds its Home in Westlake
o Citizen engagement and communication
o Historic Preservation
o Tourism development
Page 2 of 2
Town staff previously presented a Utility Rate Review at the regular workshop meeting on April
19
BACKGROUND
th, which covered the basic concepts of utility rate making philosophies and policies and on
November 8th, which focused more on what factors comprise and affect Westlake’s utility rates.
At the November 8th
meeting, staff also presented a recommended increase for water and sewer
rates of approximately 10%.
The current water and sewer rates and structure were adopted in October 2008 based on a rate
analysis conducted by a rate analyst, Carolyn Marshal. Although the rates were adopted in
October the rate increase was not implemented until January 2009. The January rate adjustment
did not include a sewer rate increase. Municipalities typically conduct a comprehensive rate
study about every three years, with staff making adjustments in between. The rate study
conducted by Mrs. Marshall included the review of historical water/sewer consumption and
revenues, meetings with Town staff, and a computer rate model that allowed staff to utilize when
preparing the previous and current budgets. Mrs. Marshall’s rate study considered the 2008 rate
structure, capital assets, depreciation, operation and maintenance expenses, debt, and revenues.
The purpose of the study was to determine whether the Utility Fund was accomplishing full
recovery of cost of services while maintaining an appropriate fund reserve balance.
The proposed water and sewer rate increase will increase water and sewer revenues
approximately $600,000.
FUNDING
Staff recommends approving proposed water and sewer rates as presented.
RECOMMENDATION
Ordinance
ATTACHMENTS
Base Service
Charges
Existing Proposed
Residential Commercial Residential Commercial
Meter
Size Water Sewer Water Sewer
Meter
Size Water Sewer Water Sewer
3/4" $37.50 $30.00 $25.00 $30.00 3/4" $42.00 $33.00 $42.00 $33.00
1" $55.00 $55.00 $25.00 $55.00 1" $70.00 $60.00 $70.00 $60.00
1 1/2" $102.50 $105.00 $75.00 $105.00 1 1/2" $140.00 $115.00 $140.00 $115.00
2" $157.50 $170.00 $150.00 $170.00 2" $224.00 $187.00 $224.00 $187.00
3" $325.00 $370.00 $450.00 $370.00 3" $490.00 $405.00 $490.00 $405.00
4" $720.00 $635.00 $1,500.00 $635.00 4" $882.00 $693.00 $882.00 $693.00
6" $1,500.00 $1,330.00 $3,250.00 $1,330.00 6" $1,650.00 $1,450.00 $3,500.00 $1,450.00
8" $2,160.00 $1,910.00 $4,000.00 $1,910.00 8" $2,400.00 $2,100.00 $4,400.00 $2,100.00
Volume Charge Rate
Per 1,000 gallons
Existing Proposed
Residential Commercial Residential Commercial
Volume
(gallons) Water Sewer Water Sewer
Volume
(gallons) Water Sewer Water Sewer
0-2,000 $2.85 $0.00 $2.85 $3.21 0-2,000 $3.10 $0.00 $3.10 $3.60
2,001 -
20,000 $2.85 $3.21 $2.85 $3.21
2,001 -
20,000 $3.10 $3.60 $3.10 $3.60
20,001 -
40,000 $3.56 $3.21 $3.56 $3.21
20,001 -
40,000 $3.88 $3.60 $3.88 $3.60
40,001 -
400,000 $4.45 $3.21 $4.45 $3.21
40,001 -
400,000 $4.84 $3.60 $4.84 $3.60
over
400,000 $5.57 $3.21 $5.57 $3.21
over
400,000 $6.05 $3.60 $6.05 $3.60
EFFECTIVE JANUARY 1, 2011
Deposits
Existing Proposed
Residential Commercial Residential Commercial
Meter
Size Water Sewer Water Sewer
Meter
Size Water Sewer Water Sewer
3/4" $90 $60 $75 $60 3/4" $90 $60 $75 $60
1" $150 $100 $100 $100 1" $150 $100 $100 $100
1 1/2" $300 $200 $250 $200 1 1/2" $300 $200 $250 $200
2" $480 $320 $500 $320 2" $480 $320 $500 $320
3" $1,050 $700 $1,000 $700 3" $1,050 $700 $1,000 $700
4" $1,800 $1,200 $2,500 $1,200 4" $1,800 $1,200 $2,500 $1,200
6" $3,750 $2,500 $3,500 $2,500 6" $3,750 $2,500 $3,500 $2,500
8" $5,400 $3,600 $5,000 $3,600 8" $5,400 $3,600 $5,000 $3,600
Tap Fees
Existing Proposed
Water Connection Service Tap Fee Water Connection
Minimum Service Tap
Fee**
Meter Size
Existing
Service Line
Tap
Fee
Street
Cut/Bore
Meter
Size
Existing
Service Line
Tap
Fee
Street
Cut/Bore
3/4" $500 $800 $900 3/4" $550 $900 $900
1" $525 $1,000 $1,100 1" $575 $1,200 $1,100
1 1/2" $700 $1,200 $1,275 1 1/2" $775 $1,400 $1,275
2" $875 $1,950 $1,400 2" Disc $965 $2,200 $1,400
Sewer Connection Service Tap Fee Sewer Connection
Minimum Service Tap
Fee**
Depth
Existing
Service Line
Tap
Fee
Street
Cut/Bore Depth
Existing
Service Line
Tap
Fee
Street
Cut/Bore
0 - 6 feet $375 $450 $800 0 - 6 feet $450 $450 $800
6 - 12 feet $375 $750 $1,200 6 - 12 feet $450 $750 $1,200
12 - 18 feet $375 $1,050 $1,600 12 - 18 feet $450 $1,050 $1,600
2" Compound & larger, or unusual installation conditions,
fee to be actual cost to Town plus 10%. Tap fees for
connection installed by Town will be added to meter set
fees.
2" Compound & larger, or unusual installation conditions, fee
to be actual cost to Town plus 10%.
** Tap fees for connection installed by Town will be actual
cost to Town plus 10%.
Does not include City of Fort Worth water or other impact
fees.
Does not include City of Fort Worth water or other impact fees.
Page 1 of 2
Memo
Town of Westlake
To: Honorable Mayor and Members of the Town Council
From: Tom Brymer, Town Manager
Subject: Meeting of December 13, 2010
Date: December 08, 2010
Wkshp Presentation and discussion of Five Year Capital Improvement Plan, the
ITEM
FY 2010-11 Capital Projects Budget, and Potential Bond Issuance to Fund Same
Regular Consideration of an Ordinance providing for the adoption of the Town FY 2010-
2011Five (5) Year Capital Improvement Plan.
This item supports the following Vision Point and Key Result Areas:
VISION POINT AND KEY RESULT AREAS
We are Leaders
o Premier educational facilities and programs
o Producing well educated future leaders and thinkers
o Business partnerships with Westlake Academy
o Environmental stewardship initiatives
o High quality services delivery coupled with financial stewardships
o Infrastructure maintenance and planning
The Council adopted the FY 2010/2011 budget in the regular Council meeting held on
September 29
BACKGROUND
th
. Included with the budget adoption was an amendment pertaining to the
proposed capital projects. This workshop item will include a discussion of the capital projects
and the funding methods that will be used for each. As a necessary component of this
discussion, Tom Lawrence will be available for funding information regarding various bond
options.
No additional funding is requested.
FUNDING
Page 2 of 2
Staff recommends approval
RECOMMENDATION
Ordinance
ATTACHMENTS:
FY 2010-11 Capital Improvement Plan will be delivered under separate cover
COUNCIL RECAP / STAFF DIRECTION
Town of Westlake
Item #7
Council Recap /
Staff Direction
Town of Westlake
Item # 8 –
Workshop
Adjournment
Back up material has not
been provided for this item.
Town of Westlake
Item # 2 – Pledge of
Allegiance
Texas Pledge:
"Honor the Texas
flag; I pledge
allegiance to thee,
Texas, one state under
God, one and
indivisible."
CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to
address the Council on any matter whether or not it is posted on the agenda. The Council
cannot by law take action nor have any discussion or deliberations on any presentation made to
the Council at this time concerning an item not listed on the agenda. The Council will receive
the information, ask staff to review the matter, or an item may be noticed on a future agenda
for deliberation or action.
Town of Westlake
Item # 3 – Citizen’s
Presentations and
recognitions
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 November 1, 2010.
b. Consider approval of the minutes from the meeting held on November 8, 2010.
c. Consider approval of Resolution 10-39, Establishing regular meeting dates and
procedures. (make copy for TC with info)
d. Consider approval of Resolution 10-40, Authorizing the Town Manager to
provide notice to Atmos Mid-Tex that the Town of Westlake elects to include all
amounts collected in the definition of gross receipts.
e. Consider approval of Resolution 10-41, Appointing one member to the Westlake
Historical Preservation Society board.
f. Consider approval of Resolution 10-42, Tarrant County Obesity Prevention.
g. Consider approval of Ordinance 648, Amending Chapter 6, Alcoholic Beverages,
Article II, Sale, Section 6-36, License or permit; fees.
h. Consider approval of Ordinance 649, Amending Ordinance No. 408 for Solid
Waste and Recycling services with Allied Waste Services.
i. Consider approval of Ordinance 650, Amending Chapter 94 adding winter
average and water and sewer wholesale rate pass-through provision.
j. Consider approval of Ordinance 651, Amending water and waste rates.
k. Consider approval of Ordinance 652, Providing for the adoption of the Town FY
2010-2011Five (5) Year Capital Improvement Plan.
l. Consider approval of Resolution 10-45, Authorizing the Town Manager to
negotiate and enter into an agreement with MCImetro Access Transmission
Services LLC a wholly owned subsidiary of Verizon business, for the use of the
town’s telecommunication ductbank.
Town of Westlake
Item # 4 - Consent
Agenda Items
Town Council Minutes
11/01/10
Page 1 of 2
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL SPECIAL MEETING
November 1, 2010
PRESENT: Mayor Laura Wheat and Council Members, Tim Brittan, Carol Langdon and Rick
Rennhack.
ABSENT: Clif Cox
OTHERS PRESENT: Town Manager Tom Brymer, Town Attorney Stan Lowry, Town
Secretary Kelly Edwards, and Assistant to the Town Manager
Ginger Awtry.
Regular Session
1.
CALL TO ORDER
Mayor Wheat called the meeting to order at 7:00 p.m.
2. CONSIDERATION AND DISCUSSION TO APPOINT A NEW COUNCIL MEMBER.
Mayor Wheat was approached by Mr. John Miller about filling the vacancy until May
2011. He is willing to serve and is aware of the commitment.
MOTION: Council Member Rennhack made a motion to recommended Mr.
Miller to serve as Council Member until May 2011. Council
Member Brittan seconded the motion. The motion carried by a
vote of 3-0.
3. COUNCIL RECAP / STAFF DIRECTION
- None
Town Council Minutes
11/01/10
Page 2 of 2
4. COUNCIL CALENDAR
- Town Council Meeting
November 8, 2010
- Town Offices Closed
November 25 – 26, 2010
- Community Tree Lighting
November 30, 2010 at 6:30 p.m.
Westlake Academy
- Town Council Meeting
December 13, 2010
- Town Offices Closed
December 24th, 27th and 31st
, 2010
5. ADJOURNMENT
There being no further business before the Council, Mayor Wheat asked for a motion to
adjourn the meeting.
MOTION: Council Member Langdon made a motion to adjourn the meeting.
Council Member Rennhack seconded the motion. The motion
carried by a vote of 3-0.
Mayor Wheat adjourned the meeting at 7:07 p.m.
APPROVED BY THE TOWN COUNCIL DECEMBER 13, 2010.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Town Council Minutes
11/08/10
Page 1 of 6
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL SPECIAL AND REGULAR MEETINGS
November 8, 2010
PRESENT: Mayor Laura Wheat and Council Members, Tim Brittan, Clif Cox, Carol Langdon,
John Miller and Rick Rennhack. Clif Cox arrived at 4:40 p.m.
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, and
Fire Chief Richard Whitten.
Special Session
1. CALL TO ORDER
Mayor Wheat called the meeting to order at 4:31 p.m.
2. CONSIDER APPROVAL OF RESOLUTION 10-37, APPOINTING A NEW COUNCIL
MEMBER TO FILL THE UNEXPIRED TERM OF LARRY CORSON.
MOTION: Council Member Rennhack made a motion to approve Resolution
10-37. Council Member Langdon seconded the motion. The
motion carried by a vote of 3-0.
3. ADMINISTER OATH OF OFFICE TO NEWLY APPOINTED OFFICIAL.
Mayor Wheat conducted the Oath of Office for new Council Member John Miller.
Town Council Minutes
11/08/10
Page 2 of 6
4. ADJOURNMENT
There being no further business before the Council, Mayor Wheat asked for a motion to
adjourn the meeting.
MOTION: Council Member Brittan made a motion to adjourn the meeting.
Council Member Rennhack seconded the motion. The motion
carried by a vote of 4-0.
Mayor Wheat adjourned the meeting at 4:32 p.m.
Workshop Session
1. CALL TO ORDER
Mayor Wheat called the meeting to order at 4:32 p.m.
2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM NOVEMBER 8,
2010, COUNCIL REGULAR MEETING AGENDA.
No discussion
3. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. The Board will conduct a closed session under Texas Government Code section
551.071 to seek advice of counsel on legal matters involving pending or
contemplated litigation, settlement offers, or other legal matters not related
directly to litigation or settlement. Pending or contemplated litigation and
settlement offers include but are not limited to the following:
Rosevear and Simonetti
4. RECONVENE MEETING
Mayor Wheat reconvened the meeting at 4:47 p.m.
Town Council Minutes
11/08/10
Page 3 of 6
5. REVIEW AND DISCUSS THE 2011 MEETING CALENDAR.
Town Manager Brymer provided an overview of the calendar for both the Council and
Board of Trustee meeting dates.
Mayor Wheat requested moving the June meeting to the 13th and the August meeting to
the 15th
of the month.
6. PRESENTATION AND DISCUSS OF THE SOLID WASTE CONTACT WITH ALLIED
WASTE SERVICES.
Public Works Director Greenwood introduced Ms. Jeri Harwell from Allied Waste
Services.
Ms. Harwell provided an overview of the proposed changes and enhancing the
environmental initiatives.
Discussion ensued regarding the benefits to residents, a cart comparison by city
outlining the services, the various carts and the number of carts that would be provided
to residents, the design of the current contract, implementing recycling education
program at the Academy for students, recycling collection process at the Academy,
additional recycling education for the residents, and the benefits to the residents and
the collection service company.
Mayor Wheat stated currently we hold all the cards and should we let the contract
expire it will no longer contain the current clause and it is likely that other haulers would
not offer that clause and include a higher rate.
Ms. Harwell asked the Council for the opportunity to implement the once a week pick-
up for a year and see if it works for the community and if not they could move back to a
twice a week pick-up.
Town Manager Brymer stated he thinks if we let this contract expire and go out for bid
for this service to continue with a twice a week pick up the price will increase.
7. PRESENTATION AND DISCUSSION OF THE WATER AND WASTEWATER
RATES.
Public Works Director Greenwood provided a presentation and overview of the utility
rates and the cost of service.
Discussion ensued regarding the comparisons of neighboring cities’ water and sewer
customers, the number of Westlake customers on septic and irrigation systems, and
rate comparisons with the surrounding cities.
Town Council Minutes
11/08/10
Page 4 of 6
Discussion also ensued regarding the rate design and policy, amending the current
ordinance, how to recover the revenue required, residential and commercial usages,
how Fort Worth determines the usage, the rate design based on the current Council
policy and how to design an escalating rate model.
Public Works Director Greenwood stated that the current ordinance does not allow for a
rate increase. When Fort Worth increased rates then we would have to absorb the
increase out of the utility fund.
Town Manager Brymer informed the Council that the financial statement does not have
depreciation built in the budget. He recommends getting in the position of implicating
small increases and amending our ordinance to allow for a rate increase by our supplier
to be a pass-through fee that could be implemented to our customers.
8. COUNCIL RECAP / STAFF DIRECTION
Revise the meeting calendar
Present an amendment to the Allied Waste Services contract.
9. ADJOURNMENT
There being no further business, Mayor Wheat adjourned the workshop at 8:28 p.m.
Regular Session
1.
CALL TO ORDER
Mayor Wheat called the regular meeting to order at 8:28 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
11/08/10
Page 5 of 6
4. CONSENT AGENDA
a. Consider approval of the minutes from the meeting held on October 25, 2010.
b. Consider approval of Resolution 10-38, Designating a public newspaper of
general circulation as the official newspaper.
MOTION: Council Member Miller made a motion to approve the consent
agenda. Council Member Rennhack seconded the motion. The
motion carried by a vote of 5-0.
5. FUTURE AGENDA ITEMS
- None
6. EXECUTIVE SESSION
The Council did not adjourn into executive session.
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
b. The Board will conduct a closed session under Texas Government Code section
551.071 to seek advice of counsel on legal matters involving pending or
contemplated litigation, settlement offers, or other legal matters not related
directly to litigation or settlement. Pending or contemplated litigation and
settlement offers include but are not limited to the following:
Rosevear and Simonetti
7. RECONVENE MEETING
8. TAKE ANY ACTION FROM EXECUTIVE SESSION, IF NECESSARY
9. COUNCIL RECAP / STAFF DIRECTION
- None
Town Council Minutes
11/08/10
Page 6 of 6
10. COUNCIL CALENDAR
- Town Offices Closed
November 25 – 26, 2010
- Community Tree Lighting
November 30, 2010 at 6:30 p.m.
Westlake Academy
- Town Council Meeting
December 13, 2010
- Annual Westlake Employee Award and Christmas Dinner
December 15, 2010; 6:30 pm; Marriott Solana
- Town Offices Closed
December 24th, 27th and 31st
, 2010
11. ADJOURNMENT
There being no further business before the Council, Mayor Wheat asked for a motion to
adjourn the meeting.
MOTION: Council Member Miller made a motion to adjourn the meeting.
Council Member Langdon seconded the motion. The motion
carried by a vote of 5-0.
Mayor Wheat adjourned the meeting at 8:30 p.m.
APPROVED BY THE TOWN COUNCIL DECEMBER 13, 2010.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Page 1 of 1
Memo
Town of Westlake
To: Honorable Mayor and Town Council Members
From: Tom Brymer, Town Manager
Kelly Edwards, Town Secretary
Subject: Regular Meeting of December 13, 2010
Date: December 6, 2010.
Regular Consider a resolution establishing regular meeting dates and procedures for the 2011
meeting calendar.
ITEM
This item supports the following Vision Point and Key Result Areas:
VISION POINT AND KEY RESULT AREAS
Hospitality Finds its Home in Westlake
o Citizen engagement and communication
From time to time, the Council’s regular meeting schedule requires modification due to holidays and
other events that may create a conflict for Council/Board Members and staff to attend Council/Board
meetings.
BACKGROUND
Several factors have been taken into consideration as staff prepared the 2011 meeting calendar,
including national holidays, school holidays, early voting and annual training conferences.
The calendar does not include any meeting dates for the month of July. Meetings scheduled include the
Board of Trustees meetings on the 1st Monday of each month and Town Council meetings on the 4th
Monday of each month.
None
FUNDING
Approve the proposed meeting schedule
RECOMMENDATION
Resolution
ATTACHMENTS:
2011 Meeting Calendar
Resolution 10-39
Page 1 of 3
TOWN OF WESTLAKE
RESOLUTION N0 10-39
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
ESTABLISHING REGULAR MEETING DATES AND PROCEDURES; SETTING THE 2011
MEETING DATES OF THE TOWN COUNCIL; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, The Texas Local Government Code allows the governing body of a
general law municipality to establish regular meetings of the governing body by the passage of
a resolution; and
WHEREAS, The Town Council finds that it is in the best interest of the Council and
the Town’s residents that the Council shall establish regular meetings at a convenient date,
time, and place;
WHEREAS, The 2011 available regular meeting dates are hereby established in
accordance with attached Exhibit “A”.
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, Texas, shall conduct
regularly scheduled meetings on the fourth Monday of each month except when the regular
meeting date falls on a Monday that is (a) a national holiday, or (b) a scheduled holiday within
the Westlake Academy school year, or (c) falls within the same week as Thanksgiving, or (d)
falls within the same or preceding calendar week as Christmas, or (e) conflicts with other Town
related functions or activities. All Mondays shall be established as a day for regular meeting
dates of the Town Council as needed. Special meetings shall be called in accordance with
Section 22.038(b) of the Texas Local Government Code. The regular meetings shall convene
not earlier than 7 p.m., and shall be held at the Town Hall offices located at 3 Village Circle,
Westlake, Texas 76262, or a meeting room close by, or another location designated by the
Town in the meeting notice.
SECTION 3
: The Town Council hereby sets the 2011 regular meeting schedules as
shown in the attached Exhibit “A”.
SECTION 4
: If any portion of this Resolution shall, for any reason, be declared
invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining
provisions hereof and the Council hereby determines that it would have adopted this Resolution
without the invalid provision.
Resolution 10-39
Page 2 of 3
SECTION 5
: That this resolution shall become effective from and after its date
of passage.
PASSED AND APPROVED ON THIS 13th
DAY OF DECEMBER 2010.
___________________________________
Laura Wheat, Mayor
ATTEST:
___________________________________ ___________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________________
L. Stanton Lowry, Town Attorney
Resolution 10-39
Page 3 of 3
Exhibit A
Page 1 of 2
Memo
Town of Westlake
To: Honorable Mayor and Members of the Town Council
From: Cathy Cunningham
Boyle & Lowry
Subject: Meeting of December 13, 2010
Date: November 29, 2010
Regular Consideration of a Resolution authorizing the Town Manager to provide notice to
Atmos Mid-Tex that the Town of Westlake elects to include all amounts collected
in the definition of gross receipts
ITEM
This item supports the following Vision Point and Key Result Areas:
VISION POINT AND KEY RESULT AREAS
Inviting Residential & Corporate neighborhoods
o On-going comprehensive planning
o Sensitivity to neighborhood integrity
o Outstanding community appearance
o Highest quality development and aesthetic standards
o Open space preservation
We are Leaders
o Premier educational facilities and programs
o Producing well educated future leaders and thinkers
o Business partnerships with Westlake Academy
o Environmental stewardship initiatives
o High quality services delivery coupled with financial stewardships
o Infrastructure maintenance and planning
Hospitality Finds its Home in Westlake
o Citizen engagement and communication
o Historic Preservation
o Tourism development
During an audit conducted by other cities, it was discovered that Atmos was not including
franchise fees as part of the gross receipts when calculating franchise fees. The issue arose in
connection with customer billing and transported gas. In order to resolve the issue, Atmos is
providing the Town of Westlake an opportunity to elect whether or not to include the franchise
fees as part of gross receipts.
BACKGROUND
Page 2 of 2
Typically, gross receipts includes all monies received, which includes franchise fees. In the case
of City of Dallas v. Federal Communications Commission 1
the Fifth circuit held that franchise
fees should properly be included as part of gross receipts. While that case involved cable
franchise fees, it is the position of most cities that franchise fees should properly be included as
part of gross receipts.
Including franchise fees as part of gross receipts will include the franchise fees paid to the Town
and it will include the amount a customer pays for the franchise fee.
Not applicable.
FUNDING
The Town Council pass a Resolution authorizing the Town Manager to select the option that will
include franchise fees as part of the gross receipts and sign and return the letter to Atmos with
both selections checked “yes.”
RECOMMENDATION
Letter to Atmos
ATTACHMENTS:
Resolution
1 City of Dallas v. Federal Communications Commission, 118 F. 3d 393 (1997)
On or Before December 31, 2010
Mr. David Park
Vice President Rates and Regulatory Affairs
Atmos Energy Corporation, Mid-Tex Division
5420 LBJ Freeway, Ste. 1862
Dallas, TX 75240
RE: Franchise Fees on Franchise Fees
Dear Mr. Park:
To the extent that the following paragraphs are applicable, the selections below indicate
the City’s interpretation of the franchise agreement between the City and Atmos Energy
Corporation (“Atmos”) as well as the election of the City to receive an additional
payment consistent with the City’s historical interpretation of the franchise agreement.
The City has selected ‘Y’ to indicate agreement or ‘N’ to indicate disagreement.
Franchise Fees other than on Value of Gas Transported
Y or N The City intends that all amounts billed to and collected from customers for
franchise fees (other than those assessed on the value of transported gas) be added
to the revenue amount that Atmos uses to calculate the City’s franchise fee
payment.
Y or N The City elects to receive an additional payment for the period of time beginning
with January 1, 2009 that franchise fees (other than those assessed on the value of
transported gas) were not included in the calculation of the City’s franchise fee
payment.
Franchise Fees on Value of Gas Transported
Y or N The City intends that the amount billed to and collected from transportation
customers for franchise fees assessed on the value of gas transported on behalf of
the customer be added to the revenue amount that Atmos uses to calculate the
City’s franchise fee payment.
Y or N The City elects to receive an additional payment for the period of time beginning
with January 1, 2009 that franchise fees on the value of transported gas were not
included in the calculation of the City’s franchise fee payment.
It is understood that by indicating agreement to any or all of the above statements, the
City explicitly agrees that any additional franchise fee amounts paid to the City by Atmos
are recoverable by Atmos from Company’s customers within the City. It is also
understood that by indicating disagreement with or choosing not to select any or all of the
above statements, the City is explicitly releasing Atmos from any future claims with
respect to those items.
The City understands that this election letter must be returned to David Park at the
address above and postmarked on or before December 31, 2010 after which the City shall
be deemed to have rejected the options contained herein.
Sincerely,
___________________________ _________________________________
Signature Date
___________________________
Printed Name
___________________________ _________________________________
Title City
Resolution 10-40
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO 10-40
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AUTHORIZING THE TOWN MANAGER TO PROVIDE NOTICETO ATMOS
MID-TEX THAT THE TOWN OF WESTLAKE ELECTS TO INCLUDE ALL
AMOUNTS COLLECTED IN THE DEFINITION OF GROSS RECEIPTS; INCLUDING
THE AMOUNTS BILLED TO AND COLLECTED FROM CUSTOMERS FOR
FRANCHISE FEES AND THE AMOUNT BILLED TO AND COLLECTED FROM
TRANSPORTATION CUSTOMERS FOR FRANCHISE FEES ASSESSED ON THE
VALUE OF GAS TRANSPORTED ON BEHALF OF THE CUSTOMER; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake finds that it is appropriate to include all amounts
collected by Atmos Mid-Tex in the definition of gross receipts for the purposes of calculating
franchise fees due to the Town of Westlake; 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:
That the Town Manager is authorized to send Atmos Mid-Tex a letter to
inform Atmos Mid-Tex that the Town of Westlake elects to include franchise fees for all
amounts billed to and collected from customers for franchise fees and to include all amounts
billed and collected from transportation customers for franchise fees assessed on the value of gas
transported and that such amounts are to be included in the definition of gross receipts for the
purposes of calculating franchise fees owed to the Town of Westlake, Texas.
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 10-40
Page 2 of 2
SECTION
4. That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 13TH
DAY OF DECEMBER 2010.
ATTEST: _________________________________
Laura L. Wheat, Mayor
____________________________ _________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Memo
Town of Westlake
To: Honorable Mayor and Members of the Town Council
From: Kelly Edwards, Town Secretary
Subject: Regular Meeting of December 13, 2010
Date: December 6, 2010
Consider a Resolution appointing MaryAnn Titus to the Westlake Historical Preservation
Society Board.
ITEM
This item supports the following Vision Point and Key Result Areas:
VISION POINT AND KEY RESULT AREAS
Hospitality Finds its Home in Westlake
o Citizen engagement and communication
At the present time the board has one vacancy.
BACKGROUND
N/A
FUNDING
Staff recommends that the Board fill this vacancy with returning member MaryAnn Titus.
RECOMMENDATION
Application
ATTACHMENTS
Resolution
Resolution 10-41
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 10-41
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
APPOINTING A MEMBER TO THE WESTLAKE HISTORICAL PRESERVATION SOCIETY
BOARD.
WHEREAS, Currently, a vacancy exist on the Westlake Historical Preservation Society
board; and
WHEREAS, the Town Council has received an application 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 individual to serve as a member of the Westlake Historical Preservation Society board
for the term noted below:
MaryAnn Titus - term expiring June 2011.
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:
PASSED AND APPROVED ON THIS 13
That this resolution shall become effective from and after its date of
passage.
th
DAY OF DECEMBER 2010.
___________________________________
Laura Wheat, Mayor
Resolution 10-41
Page 2 of 2
ATTEST:
____________________________________ __________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________________
L. Stanton Lowry, Town Attorney
Resolution 10-42
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 10-42
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
SUPPORTING TARRANT COUNTY OBESITY PREVENTION.
WHEREAS, the cost of health care spending attributable to obesity for the Stat of
Texas is estimated at over $5.7 billion; and,
WHEREAS, Heart Disease, Cancer, and Cardiovascular diseases are the top three
causes of death in Tarrant County and each includes obesity as a primary risk factor; and,
WHEREAS, increased physical activity and greater access to nutritious foods are key
interventions to preventing or reducing obesity and,
WHEREAS, only 47.4% of adults in Tarrant County meet the US Department of
Health and Human Services recommendations for physical activity; and
WHEREAS, only 25.7% of adults in Tarrant County consume five (5) or more servings
of fruits and vegetables per day.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS, that we, the policy-makers of Tarrant County, do hereby request that the
2011 Texas Legislature review all physical activity and access to nutritious food legislation
thoughtfully and deliberately with the intention of increasing physical activity and nutritious food
access for children and adults.
FURTHER, that we are resolved to pledge our own support in the development of
organizational and municipal policies which address the need for increased physical activity and
access to nutritious foods at home, work, school, and in the community.
PASSED AND APPROVED ON THIS 13TH
DAY OF DECEMBER 2010.
_____________________________
Laura L. Wheat, Mayor
Resolution 10-42
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
Memo
Town of Westlake
To: Honorable Mayor and Members of the Town Council
From: Kelly Edwards, Town Secretary
Subject: Meeting of December 13, 2010
Date: December 6, 2010
Regular Consideration of a Resolution amending Chapter 6, Alcoholic Beverages, Article
II, Sale, Section 6-36, License or permit; fees.
ITEM
This item supports the following Vision Point and Key Result Areas:
VISION POINT AND KEY RESULT AREAS
Inviting Residential & Corporate neighborhoods
o On-going comprehensive planning
o Sensitivity to neighborhood integrity
o Outstanding community appearance
o Highest quality development and aesthetic standards
o Open space preservation
We are Leaders
o Premier educational facilities and programs
o Producing well educated future leaders and thinkers
o Business partnerships with Westlake Academy
o Environmental stewardship initiatives
o High quality services delivery coupled with financial stewardships
o Infrastructure maintenance and planning
Hospitality Finds its Home in Westlake
o Citizen engagement and communication
o Historic Preservation
o Tourism development
In 2009 the Texas Alcoholic Beverage Commission amended their code authorizing a two (2)
year permit for business that sell and service alcoholic beverages and a new fee schedule.
BACKGROUND
Westlake’s current code allows for an annual collection of local permit fees. This amendment
will allow the Town to collect the local fee on a bi-annual basis coinciding with the issuance of
the business’ TABC permit.
Page 2 of 2
N/A
FUNDING
Staff recommends approval of the ordinance.
RECOMMENDATION
Ordinance
ATTACHMENTS:
Ordinance 648
Page 1 of 4
TOWN OF WESTLAKE
ORDINANCE NO. 648
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS AMENDING CHAPTER 6,
ALCOHOLIC BEVERAGES, SECTIONS 6-36, LICENSE OR PERMIT FEES PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY; AUTHORIZING PUBLICATION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town; and
WHEREAS, the Town of Westlake Town Council issues permits and collects local
alcohol permit fees as defined by Section 11.38 of the Texas Alcoholic Beverage Code; and
WHEREAS, Section 11.38 of the Texas Alcoholic Beverage Code, provides that a
governing body may levy and collect a fee not to exceed one-half the state fee for each
alcoholic beverage permit issued for premises located within the town;
WHEREAS, section 11.09 of the Texas Alcoholic Beverage Code has been amended to
allow for bi-annual permits and licenses, and the Texas Alcoholic Beverage Commission has
adopted rules to effectuate that change;
WHEREAS, the Town of Westlake desires to update its collection practices and amend
the ordinance authorizing the collection and administration of said permits; 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 the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
SECTION 2
: That Chapter 6, Alcoholic Beverages, Sections 6-36, of the Town of
Westlake Code of Ordinances, as amended, is hereby amended to read as follows:
Sec. 6-36. License or permit; fees.
(a) In order to sell alcoholic beverages in the Town of Westlake, a dealer must meet all
requirements of state law and must apply for and obtain a license or permit from the Town of
Westlake in accordance with this Article and pay all required fees.
(b) Requirements for filing application.
(1) Any dealer applying for a town license or permit for the sale of alcoholic beverages,
issued by authority of the Texas Alcoholic Beverage Code, or to change the location of the place
of business designated in such a license or permit shall deliver to the town secretary for filing
one copy of the appropriate forms filed by the applicant with the state alcoholic beverage
commission for the issuance of a license or permit and a copy of the license and permit issued
by the state alcoholic beverage commission.
Ordinance 648
Page 2 of 4
(2) An application for a town license or permit or for a change of location for an
existing license or permit must be accompanied with scale drawing showing the proposed or
actual location of the dealer's place of business where alcoholic beverages are sold in relation to
streets, property lines, and the location of the nearest church, public school or public hospital.
(3) Any dealer applying for a renewal of a town license or permit for the sale of
alcoholic beverages, issued by authority of the Texas Alcoholic Beverage Code, shall deliver to
the town secretary for filing a copy of the renewed state license or permit to show that the
dealer has been issued a license or permit to engage in such business by the Texas Alcoholic
Beverage Commission.
(4) The town license or permit is valid for two years from the date of its issuance.
(c) License or permit fee. There is hereby levied on each dealer granted and holding a license
or permit under this article or under the Texas Alcoholic Beverage Code and engaged in the
business authorized by such license or permit in the town a bi-annual license fee. Such bi-
annual license or permit fee shall be one-half of the fee charged by the Texas Alcoholic
Beverage Commission for each license or permit.
(d) Fee paid bi-annually. separate license or permit for each place of business. The fee for
licenses or permits as required by this article shall be paid - within thirty (30) days of obtaining
a license or permit from the Texas Alcohol and Beverage Commission. A separate license or
permit shall be obtained for every place of business where the business of alcoholic beverage
sale is conducted.
(e) Issuance and contents of license or permit. Upon receipt of the information required to be
provided to the town secretary and upon payment of the license or permit fees and upon
compliance with the provisions of this article, the town secretary or designee may issue a
license in the name of the town, which shall acknowledge receipt of the license or permit fees
and shall state on its face for which it is issued, the name of the dealer, the expiration date of
the state license or permit, the purpose, the address of the dealer's place of business and the
issuance and expiration date(s) of the town license or permit, the signature of the town
secretary and the seal of the town.
(f) License or permit to be displayed. The license or permit issued pursuant to this article by
the town secretary or a designated agent shall be displayed at all times in a conspicuous place
within the dealer's place of business.
(g) Reporting requirements.
(1) The dealer of a place of business for which a license or permit has been issued by
the state and the town for the sale of alcoholic beverages shall, on a quarterly basis, file with
the town secretary an affidavit, on an officially-approved form provided by the town secretary,
that reflects the gross sales of the particular place of business for the preceding three months,
breaking down the sales of food, alcoholic beverages and other items. The quarterly reports for
the previous three-month period shall be due on or before the 25th day of the months of April,
July, October and January.
(2) The dealer of a place of business for which a license or permit has been issued by
the state and town for the sale of alcoholic beverages shall also file with the town secretary on
a quarterly basis, at the same time the affidavit on total sales is filed, a copy of the filing(s)
Ordinance 648
Page 3 of 4
supplied to the state for sales tax and alcoholic beverage tax purposes for the previous three-
month period.
(h) Noncompliance. If a quarterly report reflects that the dealer is not in compliance with this
article, then the dealer shall be subject to the penalty contained in this article and shall have its
license or permit revoked and no longer be authorized to sell alcoholic beverages at the place of
business in violation of this article.
(i) Right to inspect. The town shall have the right to inspect the dealer's books and records to
ensure compliance with this article upon providing the applicant with at least four hours notice.
SECTION 3:
That this Ordinance shall be cumulative of all other Ordinances and shall
not repeal any of the provisions of such Ordinances except for those instances where there are
direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the
time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby
repealed to the extent that they are inconsistent with this Ordinance.
SECTION 4:
That this Ordinance shall be cumulative of all other Town Ordinances and
all other provisions of other Ordinances adopted by the Town which are inconsistent with the
terms or provisions of this Ordinance are hereby repealed.
SECTION 5:
That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the Code of
Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to
exceed the sum of Five Hundred dollars ($500.00). Each day that a violation is permitted to
exist shall constitute a separate offense.
SECTION 6:
It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same
would have been enacted by the Town Council of the Town of Westlake without the
incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence,
paragraph or section.
Ordinance 648
Page 4 of 4
SECTION 7:
This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS 13th
DAY OF DECEMBER, 2010
__________________________________
Laura Wheat, Mayor
ATTEST:
__________________________________ ___________________________________
Kelly Edwards, Town Secretary Tom Brymer, Town Manager
APPROVED AS TO FORM:
__________________________________
L. Stanton Lowry, Town Attorney
Page 1 of 2
Memo
Town of Westlake
To: Honorable Mayor and Members of the Town Council
From: Jarrod Greenwood, Public Works Director
Subject: Regular meeting of December 13, 2010
Date: December 3, 2010
ITEM
Regular Consider an Ordinance amending Ordinance No. 408 for solid waste and
recycling services with Allied Waste Services.
This item supports the following Vision Point and Key Result Areas:
VISION POINT AND KEY RESULT AREAS
Inviting Residential & Corporate neighborhoods
o On-going comprehensive planning
o Sensitivity to neighborhood integrity
o Outstanding community appearance
o Highest quality development and aesthetic standards
o Open space preservation
We are Leaders
o Premier educational facilities and programs
o Producing well educated future leaders and thinkers
o Business partnerships with Westlake Academy
o Environmental stewardship initiatives
o High quality services delivery coupled with financial stewardships
o Infrastructure maintenance and planning
Hospitality Finds its Home in Westlake
o Citizen engagement and communication
o Historic Preservation
o Tourism development
At the November 8
BACKGROUND th Regular Workshop Meeting, staff presented a proposal from Allied
Waste Services that would extend the current solid waste contract until December 2016,
secure current rates until November 2012, and transition solid waste pick up from twice a
week to once a week. Allied committed to a 90-day transition period in an effort to
Page 2 of 2
facilitate the change in solid waste pick up. The current contract allows Council to
approve any rate increases requested by Allied Waste.
The current rate adopted by the Board of Alderman was the first rate increase for solid
waste and recycling services since 2001. In July 2008 the Town assumed residential
solid waste billing as specified in the contract, which had historically been provided by
Allied Waste. In exchange for performing the billing, Allied Waste Services retained 6%
of the 12% Town assessed franchise fees. This arrangement occurred prior to the Town
established a utility department with the capability to bill residents. The Town’s
acquisition of the residential billing was a necessary progression as it provided better
management of solid waste accounting, generated additional revenue, brought the Town
into compliance with the contract, and was/is consistent with billing practices of our
surrounding municipalities.
In addition to the rate increase and billing assumption in July 2008, the Board of
Alderman approved a contract amendment that automated solid waste/recycling
collection and incorporated the use of 96 gallon trash and 65 gallon recycling carts
provided by Allied Waste. Automation was recognized by the Board of Alderman as the
first step to once a week pick up.
N/A
FUNDING
Staff recommends approving proposal from Allied Waste as presented.
RECOMMENDATION
Ordinance
ATTACHMENTS:
Ordinance 649
Page 1 of 7
TOWN OF WESTLAKE
ORDINANCE NO. 649
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS AMENDING
ORDINANCE NO. 408 WHICH GRANTED A FRANCHISE FOR TRASH PICK UP
AND RECYCLING SERVICES TO TRINITY WASTE SERVICES; SECTION 6,
WHICH PROVIDES FOR DUTIES AND OBLIGATIONS OF THE COMPANY;
SECTION 7, WHICH PROVIDES FOR COMMUNITY EDUCATION PROGRAMS;
SECTION 11, WHICH PROVIDES FOR RATES AND CHARGES; PROVIDING FOR A
FIVE (5) YEAR EXTENSION OF THE FRANCHISE IN ACCORDANCE WITH THE
ORIGINAL TERMS OF THE FRANCHISE EXCEPT WHERE MODIFIED BY THESE
AMENDMENTS; RATIFYING ALL SECTIONS OF THE ORDINANCE THAT ARE
NOT AMENDED OR AFFECTED BY THE TRANSFER; REPEALING ALL
ORDINANCES THAT ARE IN CONFLICT HEREWITH; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED
ISOPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATES.
WHEREAS, the Town Council of the Town of Westlake finds that it is in the best
interest of the Citizens of Westlake to extend the franchise for trash services with certain
amendments;
WHEREAS, The Town Council of the Town of Westlake finds that the amendments set
forth to the franchise are in the best interests of the Town of Westlake;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1:
That all of the above premises are found to be true and correct and are hereby
incorporated into the body of this ordinance by reference as if copied in their entirety herein.
SECTION 2:
That Section 6 of Ordinance 408 of the Town of Westlake is amended to read as
follows:
SECTION 6:
1. COMPANY shall furnish vehicles, equipment, machinery, tools, labor, and landfill site,
at its own expense, to adequately, efficiently and properly collect and dispose of solid
waste from premises within the corporate limits of the TOWN in a systemic, clean,
healthful and sanitary manner.
It shall be the duty and obligation of COMPANY to perform the
following services:
2. COMPANY shall provide curbside service, including garbage, bulky waste, trash, and
yard waste to residential customers once
3. COMPANY shall provide each residential unit within TOWN’S limits an appropriate
recycling container, which shall be dedicated solely to the collection of Recyclable
a week.
Ordinance 649
Page 2 of 7
Materials. Such containers shall be delivered to residents by COMPANY along with
brochures explaining how the container is to be used and other information pertinent to
the recycling service.
4. COMPANY shall furnish vehicles, equipment, machinery, tools and labor at its own
expense, to adequately, efficiently and properly collect and process recyclable materials
from single-family premises within the corporate limits of the TOWN in a systematic,
clean, healthful and sanitary manner.
COMPANY shall provide additional recycling containers to
residents upon request at not additional charge.
5. COMPANY shall make one (1) collection for recyclable materials every week for each
single-family residential customer on a day scheduled for garbage, trash and yard waste
collection. Any collections by COMPANY shall in no way preclude the collection of
recyclable materials by volunteer groups within the TOWN.
6. COMPANY agrees that all vehicles used by the COMPANY for the collection and
transportation of solid waste shall be protected at all times while in transit to prevent
leakage and the blowing or scattering of refuse onto the public streets of TOWN or
properties adjacent thereto. In the event, however, that leakage or refuse onto TOWN
public streets occur, COMPANY shall immediately remove same in a safe manner. If
COMPANY determines that said leakage or refuse cannot be removed in a safe and
efficient manner, COMPANY shall take all measures to secure the area and
immediately contact the TOWN. Further, such vehicles shall be clearly marked with
COMPANY’s telephone number and name in letters and numbers not less than four (4)
inches in height. All collection equipment shall be washed and deodorized as
necessary. Residential collection vehicles shall be 20 yard front load vehicles or other
approved unit by TOWN. All vehicles will be operated within design weight capacity.
7. COMPANY shall establish routes and schedules necessary for the collection of solid
waste as necessary to fulfill the requirements of this Agreement. Further, COMPANY
will utilize written route books for the collection of refuse from all residential and
commercial customers. TOWN shall have the right to require alteration of services to
any premises wherein unsightly or unsanitary conditions have resulted from inadequate
containers or an insufficient number of collections, and COMPANY shall be
compensated by the owner or occupant for any such required additional services. The
Town Manager or designee shall approve all routes and schedules and any changes
therein. However, TOWN shall not unreasonably withhold said request. TOWN
reserves the right to limit or deny COMPANY’s vehicles access to certain streets,
alleys, and public ways inside the TOWN where it is in the interest of the general
public to do so because of the condition of streets and bridges.
8. COMPANY shall provide commercial containers for garbage and trash storage
available upon request of the owner or occupancy of any premises within the corporate
limits of TOWN, excluding single-family and two-family residences. Multi-family
dwelling complexes consisting of three (3) or more units shall be classified as
commercial and must be collected as commercial customers. The commercial
containers provided by COMPANY shall be (i) equipped with suitable covers to
prevent blowing or scattering of refuse while being transported for disposal of their
contents, (ii) clearly marked with the COMPANY’s name and telephone number in
letter not less than two (2) inches in height. An annual replacement and repair schedule
for commercial containers will be provided to the TOWN for its review and approval.
Ordinance 649
Page 3 of 7
9. Company shall locate all facilities and containers so as not to interfere with the flow of
water in any gutter or drain, and so that the same shall not unduly interfere with
ordinary travel on the streets, alleys, highways, public thoroughfares, public utility
easements and public ways, and so that they shall not compromise public safety . The
location of facilities and containers to be placed and constructed by the COMPANY
within the limits of the TOWN shall be subject to the reasonable and proper regulation,
control and direction of the governing body or of any TOWN official to whom such
duties have been delegated.
10. COMPANY shall provide, upon request, recycling services to all customers within the
corporate limits of TOWN. Further COMPANY will provide the necessary size and
number of containers for the service at its own expense.
11. COMPANY shall make one (1) collection each week for each residential customer and
each commercial customer not utilizing or requiring commercial containers. Hours of
service shall be from 7:00 a.m. to 7:00 p.m. for residential customers and commercial
customers not utilizing commercial containers and from 3:00 a.m. to 7:00 p.m. for other
commercial collections services. No collections will be made on Sundays.
COMPANY shall be exempt from making collections on the following holidays: New
Year’s Day, Memorial Day, July 4th
12. COMPANY shall collect all tied and bundled brush and bulky items bi-weekly. If
within three (3) working days of notification, whether by the owner, occupant, or
TOWN, COMPANY fails to collect said material, COMPANY will be penalized $100
for each day collection is not made.
, Labor Day, Thanksgiving Day, and Christmas
Day. Company will be required to make collections the day following a holiday for
those customers missed due to the holiday. COMPANY reserves the right to work on
any paid holidays as necessary unless the day following a holiday is a Sunday, in which
event COMPANY shall make collections on the following day.
13. COMPANY shall not be required to collect and dispose of (i) Hazardous Wastes, or (ii)
refrigerators, freezers, or other appliances or equipment utilizing Freon not properly
discharged, generated with the TOWN or otherwise situated within the TOWN or other
items banned by state or federal regulation to prohibit from disposal in landfills.
Provided, COMPANY may elect to dispose of any such (i) Hazardous Wastes, or (ii)
refrigerators, freezers, or other appliances or equipment utilizing Freon not properly
discharged, upon receipt of appropriate and reasonable compensation therefore.
14. COMPANY shall, at its own expense, provide a telephone answering service during all
non-operating hours. COMPANY shall secure an annual listing in a local telephone
directory under the name by which it conducts business in the community.
15. COMPANY shall carry, at a minimum, the following types of insurance:
(a) Worker’s Compensation insurance covering all employees engaged in any
operations covered by this Agreement as required by the State of Texas Automobile
Liability – not less than $500,000 for injuries including accidental death to any one
person and (subject to the same limit for each person) not less than $1,000,000 on
account of one accident, and automobile property damage insurance not less than
$100,000.
(b) General Liability – not less than $1,000,000 covering each occurrence on account
of bodily injury, including death, and not less than $100,000 covering each
occurrence on account of property damage.
Ordinance 649
Page 4 of 7
(c) Such policies of insurance shall be issued by companies authorized to do business
in the State of Texas and shall name TOWN as an additional named insured.
Certificates evidencing such insurance contracts shall be deposited with TOWN
prior to Company performing its duties and obligation in the Agreement. All
policies must provide that they may not be changed or canceled by the insurer
without providing TOWN at least five (5) days written notice of such change or
cancellation. Any change or cancellation in policies shall be considered a default of
the Agreement by COMPANY unless the coverages herein are continuously
maintained by COMPANY.
16. COMPANY shall provide solid waste service, including the weekly pickup of
recyclable materials, to facilities owned and/or operated by the TOWN at no charge to
the TOWN, including facilities acquired by the TOWN during the term of this
Agreement. COMPANY shall also provide roll-off containers for TOWN’s use at rates
to be mutually agreed t, but, in no case, shall rate exceed those charged to all other
commercial customers.
SECTION 3:
That Section 7 of Ordinance 408 of the Town of Westlake is amended to read as
follows:
SECTION 7.
1. COMPANY will schedule and present a program to Westlake Academy annually
throughout the term of this Agreement.
COMPANY shall promote its service in Westlake through community
education programs. The minimum requirements include:
2. COMPANY will develop and distribute a commercial newsletter to all commercial
customers once per year during the term of this Agreement.
3. COMPANY will develop and distribute brochures describing its Commercial Recycling
program. COMPANY will meet with each commercial customer at least annually and
more often if necessary to fully integrate commercial recycling in Westlake.
Upon agreement with a
commercial customer, the newsletter may be delivered to the customer electronically.
4. COMPANY will develop and furnish to TOWN its annual newsletter for inclusion in
TOWN newsletter. COMPANY will be responsible for any additional cost, if any, in
distributing its newsletter.
5. COMPANY will develop a Restaurant Recycling program in TOWN within 180 days of
approved Agreement. COMPANY and TOWN will meet with restaurant owners and/ or
manager to outline a program. COMPANY will be responsible for development and
distribution of any material to promote the program.
6. COMPANY will schedule and present a program to all residents annually throughout the
term of this Agreement. Such program may, at the direction of TOWN staff be in
conjunction with a Town Council meeting
7.
.
COMPANY will develop and distribute a commercial newsletter to all commercial
customers once per year during the term of this Agreement. Upon agreement with a
commercial customer, the newsletter may be delivered to the customer electronically.
Ordinance 649
Page 5 of 7
SECTION 4:
That Section 11 of Ordinance 408 of the Town of Westlake is amended to read as
follows:
SECTION 11. RATES AND CHARGES
1. All residential and commercial rates will be established annually by ordinance prior to
October 1.
2. Base Rate Escalation: COMPANY shall maintain current
residential and commercial
rates (the “Base Rates”) until September 30, 2012. On each anniversary thereafter, (the
“Rate Modification Date”) the Base Rates shall be increased by a combination of (i) the
percentage increase in the CPI for the most recent twelve (12) month period (April –
March Southwest Statistical Summary) immediately preceding the Rate Modification
Date and (ii) any increases in disposal costs. COMPANY shall submit to TOWN in
writing its adjustment to the Base Rate and the supporting data for same on or before
July 1 of each year, beginning on July 1, 2012.
The base rate shall be divided into operations and disposal. Operations equals 70% of the
base rate. Disposal equals 30% of the base rate. Operations will be adjusted by the CPI
for the most recent twelve (12) month period (April 1 – March 30). Disposal will be
adjusted by the average in disposal costs as represented in Appendix B,
with adjustments
for current rates.
base rate x 70 = O
base rate x 30 = D
Where O is Operations and D is Disposal
O x CPI = NO
D x Disposal Cost = ND
Where NO is New Operations and ND is New Disposal
NO + ND = New Base Rate
Any other cost increases including state, federal and local fees, taxes or other additional
disposal regulatory charges imposed on disposal since the last rate modification, and any
expenditures required of COMPANY solely because of federal, state or local law, rule,
regulation, ordinance, order, permit or permit condition becoming effective since the last
rate modification may be considered by TOWN on a case-by-case basis. If COMPANY
makes a request for increase above the amount calculated above, COMPANY must
provide sufficient data, including, but not limited to, audited financial statements. Every
adjustment to COMPANY charges or compensation established herein will be
cumulative and in addition to every other adjustment conferred herein.
Ordinance 649
Page 6 of 7
3. Alternative Rate Escalation:
4.
TOWN may, at its discretion, implement full cost
accounting for the annual establishment of solid waste rate. COMPANY agrees to
provide all necessary information to prepare such reports, however, TOWN shall give
COMPANY at least 90 days to complete such research.
Customer Billing:
5.
TOWN shall bill all residential customers served by COMPANY.
COMPANY shall bill all commercial and industrial customers served by COMPANY.
Payment to OCMPNAY: TOWN shall pay to COMPANY on or before the 15th day of
each month the service charges for residential services rendered during the preceding
month. TOWN shall collect and remit to the appropriate agency of the State of Texas all
appropriate sales taxes. TOWN shall withhold an amount equal to twelve percent (12%)
of gross billing as a franchise fee.
6.
Any payments made by a resident directly to the
COMPANY shall be subject to the franchise fee, and COMPANY shall remit same to
TOWN.
Payment to TOWN: COMPANY shall pay to TOWN as a franchise fee an amount
equal to twelve percent (12%) of the gross revenues by COMPANY for its commercial
services provided within the TOWN during the immediately preceding twelve (12)
month period, ending March 30 of each year. Such Franchise Fee shall be payable in
monthly payments on or before the 15th
day after the month at service.
SECTION 5:
That Section 12 relating to termination of agreement shall be repealed as
inconsistent with Section 25. Section 25 shall remain effective.
SECTION 6:
That the Agreement is amended by providing for a five year extension as allowed
by Section 3. The term of the extension shall be from date of signing to December 31, 2015, and
may be extended by the parties as provided for in Section 3.
SECTION 7:
That the Agreement is amended by changing the reference to “Texas Natural
Resources Conservation Commission” to “Texas Commission on Environmental Quality or
successor agency” and “TRNCC” to “TCEQ.”
SECTION 8:
Severability. This Ordinance and every provision hereof, shall be considered
severable, and the invalidity or unconstitutionality of any section, clause, provision, or portion of
this Ordinance shall not affect the validity or constitutionality of any other portion of this
Ordinance. If any term or provision of this Ordinance is held to be illegal, invalid or
unenforceable, the legality, validity or unenforceability of the remaining terms or provisions of
this Ordinance shall not be affected thereby.
SECTION 9:
No Waiver. Neither Town or the Company shall have the right to waive any
requirement contained in this Ordinance, which is intended for the waiving party's benefit, but,
except as otherwise provided herein, such waiver shall be effective only if in writing executed by
the party for whose benefit such requirement is intended. No waiver of any breach or violation of
any term of this Ordinance shall be deemed or construed to constitute a waiver of any other
breach or violation, whether concurrent or subsequent, and whether of the same or a different
type of breach or violation.
Ordinance 649
Page 7 of 7
SECTION 10
: Effective Date. This Franchise shall be effective on December 13, 2010, if
Company has filed its acceptance as provided by the Section 5 titled “Acceptance of Terms of
Franchise” herein.
PASSED AND APPROVED BY THE TOWN OF WESTLAKE, TEXAS ON THIS
13TH
DAY OF DECEMBER, 2010
ATTEST TOWN OF WESTLAKE
__________________________________ ______________________________
Kelly Edwards, Town Secretary Laura Wheat, Mayor
APPROVED AS TO FORM:
__________________________________
L. Stanton Lowry, Town Attorney
H:\West Lake\wl-franchises\wl-franchises-trash services-franchise amendment and transfer.doc
Page 1 of 2
Memo
Town of Westlake
To: Honorable Mayor and Members of the Town Council
From: Jarrod Greenwood, Public Works Director
Subject: Regular meeting of December 13, 2010
Date: December 3, 2010
Regular Consider an ordinance amending Chapter 94 of the Town of Westlake Code of
Ordinances adding winter average and water and sewer wholesale rate pass-
through provision.
ITEM
This item supports the following Vision Point and Key Result Areas:
VISION POINT AND KEY RESULT AREAS
Inviting Residential & Corporate neighborhoods
o On-going comprehensive planning
o Sensitivity to neighborhood integrity
o Outstanding community appearance
o Highest quality development and aesthetic standards
o Open space preservation
We are Leaders
o Premier educational facilities and programs
o Producing well educated future leaders and thinkers
o Business partnerships with Westlake Academy
o Environmental stewardship initiatives
o High quality services delivery coupled with financial stewardships
o Infrastructure maintenance and planning
Hospitality Finds its Home in Westlake
o Citizen engagement and communication
o Historic Preservation
o Tourism development
Page 2 of 2
Town staff previously presented the proposed wholesale pass-through charge during the
November 8
BACKGROUND
th
regular workshop meeting. When staff develops the Town’s budget rate
information from our wholesale providers in not available, leaving the Utility Fund exposed to
unexpected rate increases that are not accounted for in the budget. As an example, in 2009, the
Town’s sewer treatment provider, Trinity River Authority, increased sewer treatment cost
approximately 39% from $2.83 per thousand gallons to $3.94 per thousand gallons. Having a
pass-through charge will allow staff to modify water and/or sewer rates based on changes from
the Town’s wholesale provider and is in keeping with the policies of our neighboring
communities. This will also help minimize the amount of rate catch up and mitigate significant
rate increases in the future. Staff proposes amending Chapter 94 of the Code of Ordinances to
include the wholesale pass-through charge provision.
The Town currently utilizes winter averaging to annually calculate residential sewer bills by
averaging the December, January, and February water consumption for each resident with sewer
service. New averages are calculated and applied to the April billing and remain for 12 months
(until the next winter average is calculated). Winter averaging was approved in October 2001 by
Ordinance 402. However, in an effort to facilitate future rate changes and improved organization
of ordinances, staff proposes to repeal Ordinance 402 and amend Chapter 94 of the Code of
Ordinances to include winter averaging.
N/A
FUNDING
Staff recommends approving proposed Code amendment as presented.
RECOMMENDATION
Ordinance
ATTACHMENTS
Ordinance 650
Page 1 of 3
TOWN OF WESTLAKE
ORDINANCE NO. 650
AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 94 UTILITIES,
ARTICLE II, WATER; WASTEWATER, SECTION 94-31, RATES OF CODE OF
ORDINANCES ADDING WINTER AVERAGE RATES PROVISION AND A PASS-
THROUGH PROVISION FOR WHOLESALE WATER AND WASTEWATER RATES;
PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING
PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town; and
WHEREAS, the Town Council of the Town of Westlake finds the provision of water
and wastewater services throughout the Town of Westlake, Texas, (the “Town”) is of vital
importance to the health, safety and welfare of the citizens of the Town; and
WHEREAS, upon the recommendation of the Public Works Department, the Town
Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the
town and its citizens that the amendments to the Water and Wastewater rates should be
approved and adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1:
That all matters stated in the preamble are found to be true and correct
and are incorporated herein as if copied in their entirety.
SECTION 2
: That Ordinance No. 604 is hereby amended to adopt the Water and
Wastewater Rate Schedule and the Water and Sewer Tap Fee Schedule, as shown on
Exhibit “A” hereto, which said exhibit is hereby incorporated in its entirety as if fully set
forth.
SECTION 3
: That Chapter 94, “Utilities” Article II “Water; Wastewater”, Section 94-31
of the Town of Westlake Code of Ordinances, as amended, is hereby amended as follows.
The town's water and wastewater rates, as now or hereafter established by ordinance, are
hereby made a part of this section as if set out at length in this section.
(a) Winter average rates. That the monthly volume wastewater charge for single-family
residential customers shall be based on the individual customer’s monthly water use
during the previous three winter months of December, January, and February. The
volumes used to compute the monthly volume wastewater charge are based on the
amount of water used by the single-family residential customer as measured by the
customer’s water meter. The previous three-winter month’s average shall determine
Ordinance 650
Page 2 of 3
the monthly volume wastewater charge, which will remain the same each month, for
the next twelve-month period beginning with the customer’s April billing. Where no
entire previous three-winter month’s average is on record, the Town Manager or his
designee, shall estimate a volume to be used for said monthly volume wastewater
charge. The monthly wastewater charge shall be adjusted annually, based on the
average usage during the most previous three winter months, or on any changes
made to the monthly sanitary sewer rates or volume wastewater charges. The
monthly volume charge for non single-family residential and non-residential
customers will be based on the total water used during each month as measured by
the customer’s water meter. However, if a commercial or industrial customer can
show, to the satisfaction of the Town Manager or his designee, that a significant
portion of the metered water usage does not enter the sanitary sewer, the customer
may be charged for only that volume entering the sanitary sewer system, as may be
determined by a calculation method approved by the Town Manager or his designee.
(b) Pass-through of water supply cost. Changes in the town's cost of water and waste
water provided by the town's suppliers will be adjusted to compensate for the
additional effect to the town utility fund and will be passed through to the town's
customers. The changes will be equal to the town's cost changes as to amount and
timing. Only changes in the cost of water purchases and sewer treatment will be
passed through. The charges by the town's suppliers of purchased water and sewer
treatment will be maintained by the Public Works Department and will be made
available to utility customers upon request.
SECTION 4
: That all provisions of this ordinance shall remain in full force and effect.
SECTION 5:
That this Ordinance shall be cumulative of all other Town Ordinances
and all other provisions of other Ordinances adopted by the Town which are inconsistent with
the terms or provisions of this Ordinance are hereby repealed.
SECTION 6:
That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the Code of
Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not
to exceed the sum of five hundred dollars ($500.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 7:
It is hereby declared to be the intention of the Town Council of the
Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance
are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance
shall be declared legally invalid or unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any
of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance
since the same would have been enacted by the Town Council of the Town of Westlake
without the incorporation in this Ordinance of any such legally invalid or unconstitutional,
phrase, sentence, paragraph or section.
Ordinance 650
Page 3 of 3
SECTION 8:
This ordinance shall take effect immediately from and after its passage
as the law in such case provides.
PASSED AND APPROVED ON THIS 13th
DAY OF DECEMBER 2010.
_____________________________
ATTEST: Laura Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Page 1 of 2
Memo
Town of Westlake
To: Honorable Mayor and Members of the Town Council
From: Jarrod Greenwood, Public Works Director
Subject: Regular meeting of December 13, 2010
Date: December 3, 2010
Wkshp Presentation and discussion of the Town’s water and sewer rate structure -
ITEM
Part 2 and proposed ordinance.
Regular Consideration and discussion of an ordinance adopting new water and wastewater
rates.
This item supports the following Vision Point and Key Result Areas:
VISION POINT AND KEY RESULT AREAS
Inviting Residential & Corporate neighborhoods
o On-going comprehensive planning
o Sensitivity to neighborhood integrity
o Outstanding community appearance
o Highest quality development and aesthetic standards
o Open space preservation
We are Leaders
o Premier educational facilities and programs
o Producing well educated future leaders and thinkers
o Business partnerships with Westlake Academy
o Environmental stewardship initiatives
o High quality services delivery coupled with financial stewardships
o Infrastructure maintenance and planning
Hospitality Finds its Home in Westlake
o Citizen engagement and communication
o Historic Preservation
o Tourism development
Page 2 of 2
Town staff previously presented a Utility Rate Review at the regular workshop meeting on April
19
BACKGROUND
th, which covered the basic concepts of utility rate making philosophies and policies and on
November 8th, which focused more on what factors comprise and affect Westlake’s utility rates.
At the November 8th
meeting, staff also presented a recommended increase for water and sewer
rates of approximately 10%.
The current water and sewer rates and structure were adopted in October 2008 based on a rate
analysis conducted by a rate analyst, Carolyn Marshal. Although the rates were adopted in
October the rate increase was not implemented until January 2009. The January rate adjustment
did not include a sewer rate increase. Municipalities typically conduct a comprehensive rate
study about every three years, with staff making adjustments in between. The rate study
conducted by Mrs. Marshall included the review of historical water/sewer consumption and
revenues, meetings with Town staff, and a computer rate model that allowed staff to utilize when
preparing the previous and current budgets. Mrs. Marshall’s rate study considered the 2008 rate
structure, capital assets, depreciation, operation and maintenance expenses, debt, and revenues.
The purpose of the study was to determine whether the Utility Fund was accomplishing full
recovery of cost of services while maintaining an appropriate fund reserve balance.
The proposed water and sewer rate increase will increase water and sewer revenues
approximately $600,000.
FUNDING
Staff recommends approving proposed water and sewer rates as presented.
RECOMMENDATION
Ordinance
ATTACHMENTS
Ordinance 651
Page 1 of 4
TOWN OF WESTLAKE
ORDINANCE NO. 651
AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING WATER/WASTE WATER
RATES AND TAP FEES BY ESTABLISHING A NEW WATER, WASTEWATER RATE
SCHEDULE AND A NEW WATER AND WASTEWATER TAP FEE SCHEDULE;
REPEALING ORDINANCES 368, 402, 406, 446, AND 604 IN THEIR ENTIRETY;
PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING
PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a General law Town; and
WHEREAS, the Town Council of the Town of Westlake finds the provision of water
and wastewater services throughout the Town of Westlake, Texas, (the “Town”) is of vital
importance to the health, safety and welfare of the citizens of the Town; and
WHEREAS, the Town Council repeals Ordinances 368, 402, 406, 446, and 604 in
their entirety to consolidate the Water and Wastewater rate and fee schedule; and
WHEREAS, upon the recommendation of the Public Works Department, the Town
Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the
town and its citizens that the amendments to the Water and Wastewater rates should be
approved and adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1:
That all matters stated in the preamble are found to be true and
correct and are incorporated herein as if copied in their entirety.
SECTION 2
: That That the Town Council does hereby adopt the Water and
Wastewater Rate Schedule and the Water and Sewer Tap Fee Schedule, as shown on
Exhibit “A” hereto, which said exhibit is hereby incorporated in its entirety as if fully set
forth.
SECTION 3
: That all provisions of this ordinance shall remain in full force and
effect.
SECTION 4:
That this Ordinance shall be cumulative of all other Town Ordinances
and all other provisions of other Ordinances adopted by the Town which are inconsistent
with the terms or provisions of this Ordinance are hereby repealed.
Ordinance 651
Page 2 of 4
SECTION 5:
That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the Code of
Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not
to exceed the sum of five hundred dollars ($500.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 6:
It is hereby declared to be the intention of the Town Council of the
Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance
are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance
shall be declared legally invalid or unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any
of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since
the same would have been enacted by the Town Council of the Town of Westlake without
the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase,
sentence, paragraph or section.
SECTION 7:
This ordinance shall take effect immediately from and after its passage
as the law in such case provides.
PASSED AND APPROVED ON THIS 13th
DAY OF DECEMBER 2011.
_____________________________
ATTEST: Laura Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Ordinance 651
Page 3 of 4
Exhibit A
EFFECTIVE JANUARY 1, 2011
Base Service Charges
Residential Commercial
Meter Size Water Sewer Water Sewer
3/4" $42.00 $33.00 $42.00 $33.00
1" $70.00 $60.00 $70.00 $60.00
1 1/2" $140.00 $115.00 $140.00 $115.00
2" $224.00 $187.00 $224.00 $187.00
3" $490.00 $405.00 $490.00 $405.00
4" $882.00 $693.00 $882.00 $693.00
6" $1,650.00 $1,450.00 $3,500.00 $1,450.00
8" $2,400.00 $2,100.00 $4,400.00 $2,100.00
Volume Charge Rate Per 1,000 gallons
Residential Commercial
Volume
(gallons) Water Sewer Water Sewer
0-2,000 $3.10 $0.00 $3.10 $3.60
2,001 -
20,000 $3.10 $3.60 $3.10 $3.60
20,001 -
40,000 $3.88 $3.60 $3.88 $3.60
40,001 -
400,000 $4.84 $3.60 $4.84 $3.60
over 400,000 $6.05 $3.60 $6.05 $3.60
Ordinance 651
Page 4 of 4
Deposits
Residential Commercial
Meter Size Water Sewer Water Sewer
3/4" $90 $60 $75 $60
1" $150 $100 $100 $100
1 1/2" $300 $200 $250 $200
2" $480 $320 $500 $320
3" $1,050 $700 $1,000 $700
4" $1,800 $1,200 $2,500 $1,200
6" $3,750 $2,500 $3,500 $2,500
8" $5,400 $3,600 $5,000 $3,600
Tap Fees
Water Connection Minimum Service Tap Fee**
Meter Size
Existing
Service Line Tap Fee Street Cut/Bore
3/4" $550 $900 $900
1" $575 $1,200 $1,100
1 1/2" $775 $1,400 $1,275
2" Disc $965 $2,200 $1,400
Sewer Connection Minimum Service Tap Fee**
Depth
Existing
Service Line Tap Fee Street Cut/Bore
0 - 6 feet $450 $450 $800
6 - 12 feet $450 $750 $1,200
12 - 18 feet $450 $1,050 $1,600
2" Compound & larger, or unusual installation conditions, fee to be actual cost to Town plus 10%.
**Tap fees for connection installed by Town will be actual cost to Town plus 10%.
Does not include City of Fort Worth water or other impact fees.
Page 1 of 2
Memo
Town of Westlake
To: Honorable Mayor and Members of the Town Council
From: Tom Brymer, Town Manager
Subject: Meeting of December 13, 2010
Date: December 08, 2010
Wkshp Presentation and discussion of Five Year Capital Improvement Plan, the
ITEM
FY 2010-11 Capital Projects Budget, and Potential Bond Issuance to Fund Same
Regular Consideration of an Ordinance providing for the adoption of the Town FY 2010-
2011Five (5) Year Capital Improvement Plan.
This item supports the following Vision Point and Key Result Areas:
VISION POINT AND KEY RESULT AREAS
We are Leaders
o Premier educational facilities and programs
o Producing well educated future leaders and thinkers
o Business partnerships with Westlake Academy
o Environmental stewardship initiatives
o High quality services delivery coupled with financial stewardships
o Infrastructure maintenance and planning
The Council adopted the FY 2010/2011 budget in the regular Council meeting held on
September 29
BACKGROUND
th
. Included with the budget adoption was an amendment pertaining to the
proposed capital projects. This workshop item will include a discussion of the capital projects
and the funding methods that will be used for each. As a necessary component of this
discussion, Tom Lawrence will be available for funding information regarding various bond
options.
No additional funding is requested.
FUNDING
Page 2 of 2
Staff recommends approval
RECOMMENDATION
Ordinance
ATTACHMENTS:
FY 2010-11 Capital Improvement Plan will be delivered under separate cover
Ordinance 652
Page 1 of 2
TOWN OF WESTLAKE
ORDINANCE NO. 652
AN ORDINANCE OF THE TOWN OF WESTLAKE PROVIDING FOR ADOPTION OF THE
FY 2010-2011 TOWN FIVE (5) YEAR CAPITAL IMPROVEMENT PLAN.
WHEREAS, the Town of Westlake, Texas is a general law Town; and
WHEREAS, the Westlake Town Council has identified having a five (5) year capital
improvement plan (CIP) for all Town infrastructure and public buildings needs; as being a
positive planning tool; and,
WHEREAS, the Westlake Town Council desires to utilize a CIP to plan for its capital
improvement needs as well as the operations/maintenance costs associated with said capital
improvement needs; and,
WHEREAS, the Town Council has reviewed a draft five year CIP prepared by staff
and determined such a CIP provides a valuable financial planning tool to plan for necessary
infrastructure and public building construction needs as well as plan for the financial
resources necessary to meet those needs; and,
WHEREAS, the Town Council will review this CIP annually as a part of the budget
preparation calendar and its fiscal policies; 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 preamble are found to be true and
correct and are incorporated herein as if copied in their entirety.
SECTION 2:
THAT, the Town Council of the Town of Westlake, Texas, hereby
approves the attached Capital Improvement Plan attached hereto as Exhibit “A”.
SECTION 3:
That this Ordinance shall be cumulative of all other Town Ordinances
and all other provisions of other Ordinances adopted by the Town which are inconsistent with
the terms or provisions of this Ordinance are hereby repealed.
Ordinance 652
Page 2 of 2
SECTION 4:
It is hereby declared to be the intention of the Town Council of the
Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance
are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance
shall be declared legally invalid or unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any
of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance
since the same would have been enacted by the Town Council of the Town of Westlake
without the incorporation in this Ordinance of any such legally invalid or unconstitutional,
phrase, sentence, paragraph or section.
SECTION 5:
This ordinance shall take effect immediately from and after its passage
as the law in such case provides.
PASSED AND APPROVED ON THIS 13th
DAY OF DECEMBER 2010.
_____________________________
ATTEST: Laura Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Memo
Town of Westlake
To: Honorable Mayor and Members of the Town Council
From: Jarrod Greenwood, Public Works Director
Subject: Regular meeting of December 13, 2010
Date: December 8, 2010
ITEM
Regular Consider a Resolution authorizing the Town Manager to negotiate and
enter into an agreement with MCImetro Access Transmission Services LLC, a wholly
owned subsidiary of Verizon Business, for the use of the Town’s telecommunication
ductbank.
This item supports the following Vision Point and Key Result Areas:
VISION POINT AND KEY RESULT AREAS
Inviting Residential & Corporate neighborhoods
o On-going comprehensive planning
o Sensitivity to neighborhood integrity
o Outstanding community appearance
o Highest quality development and aesthetic standards
o Open space preservation
We are Leaders
o Premier educational facilities and programs
o Producing well educated future leaders and thinkers
o Business partnerships with Westlake Academy
o Environmental stewardship initiatives
o High quality services delivery coupled with financial 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 Town of Westlake owns a series of telecommunications conduits, referred to as
DuctBank, that extend from the Solana Business complex to Westlake Academy that are
leased to telecom companies. The ductbank was envisioned as a way to provide
telecommunications companies access to Town right-of-way without the need to dig,
there by disrupting traffic, potentially damaging other buried utilities, and
inconveniencing property owners.
MCImetro Access Transmission Services LLC has expressed a desire to install fiber optic
cable within the Town’s ductbank to service Deloitte University. Town staff has
discussed the availability of ductbank and the possible routing with MCIMetro. In an
effort to continue progress of Deloitte University, staff seeks Council’s approval to
negotiate and execute a lease agreement with MCImetro Access Transmission Services
LLC for use of the Town’s ductbank conduit to provide business services to Deloitte
University.
It is anticipated that this lease agreement will generate approximately $75,000 for the
Utility Fund. However, the exact route and negotiated pricing will affect the amount of
revenue.
FUNDING
Staff recommends approval.
RECOMMENDATION
None
ATTACHMENTS:
Resolution 10-45
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 10-45
A RESOLUTION OF THE TOWN OF WESTLAKE TOWN COUNIL OF THE TOWN
OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO NEGOTIATE
AND ENTER INTO A CONTRACT WITH MCIMETRO ACCESS TRANSMISSION
SERVICES LLC., TO LEASE TOWN OWNED TELECOMMUNICATIONS CONDUIT
(DUCTBANK) TO BE USED FOR THE DEPLOYMENT AND SERVICE OF FIBER
OPTIC TELECOMMUNICATION AND VIDEO SERVICES TO DELOITTE
UNIVERSITY.
WHEREAS, MCImetro Access Transmission Services LLC, a wholly owned subsidiary
of Verizon Business, desires to lease additionally telecommunications conduit from the Town of
Westlake to serve Deloitte University; and
WHEREAS, The parent company, Verizon, already has leased telecommunications
conduit from the Town of Westlake for deployment of Verizon network services and facilities
throughout the Town’s DuctBank system; and
WHEREAS, the Town Council find that the leasing of telecommunication ductbank
conduit provides sound infrastructure planning consistent with goals and objectives within the
adopted strategic plan; and
WHEREAS, the Town Council authorize the Town Manager to negotiate the terms of
the lease and execute a contract on behalf of the Town of Westlake; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of
the public.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1:
That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety
SECTION 2:
That, the Town Council of the Town of Westlake, Texas, hereby approves
the Town Manager to negotiate the terms of the lease agreement and execute said agreement on
behalf of the Town of Westlake, Texas with MCImetro Access Transmission Services LLC,.
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 10-45
Page 2 of 2
SECTION
4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 13TH
DAY OF DECEMBER 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
Memo
Town of Westlake
To: Honorable Mayor and Members of the Town Council
From: Eddie Edwards, Director of Planning and Development
Subject: Regularly scheduled meeting for December 13, 2010
Date: December 1, 2010
Regular Consideration of an application for approval of a Planned Development Site Plan
for the property addressed 2301 H.S. 377, Lot 1, Block 1, of the Westlake
Corners North subdivision. The property is zoned PD 3-11 and the Site Plan
approval is necessary prior to the issuance of a building permit for the
construction of a convenience store / gas station.
ITEM
This item supports the following Vision Point and Key Result Areas:
VISION POINT AND KEY RESULT AREAS
Inviting Residential & Corporate neighborhoods
o On-going comprehensive planning
o Sensitivity to neighborhood integrity
o Outstanding community appearance
o Highest quality development and aesthetic standards
o Open space preservation
The current PD 3-11 Zoning and Concept Plan for this subdivision were approved on April 24,
2008. Convenience stores and gas stations are permitted by right in this zoning district.
BACKGROUND
On October 25, 2010, the Preliminary and Final Plats were approved by the Town Council after
receiving a unanimous recommendation for approval from the Planning and Zoning
Commission.
Approval of a Planned Development Site Plan is the next requisite step prior to applying for a
building permit. The applicant has submitted the accompanying Planned Development Site Plan
for approval. The Planning and Zoning Commission is authorized to approve Site Plans that do
not involve any variances. Since the submitted Site Plan, if approved as proposed, will require
approval of a variance, the Town Council must approve the Site Plan. The Planning and Zoning
Commission considered this case at the November 29, 2010 meeting and voted unanimously to
recommend approval of the plan with the stipulations that are included in the staff report.
Page 2 of 2
Details regarding the variances sought are also included in the staff report.
FUNDING
None required.
Staff has reviewed the Planned Development Site Plan for compliance with the adopted
ordinances and the Town of Westlake Comprehensive Plans. Although the applicant seeks
approval of some variances, staff feels that the plans submitted meet or exceed the intent of the
adopted ordinances and the Comprehensive Plans. Staff recommends approval as submitted
subject to the comments and recommendations in the staff report.
RECOMMENDATION
Staff report
ATTACHMENTS:
Site Plan
Elevation exhibits
Resolution
1
TOWN OF WESTLAKE, TX
STAFF REPORT TO THE MAYOR AND TOWN COUNCIL
I.
CASE INFORMATION
Case No(s): SP- 11- 01- 2010
Date: 12/01/2010
Request: The applicant is requesting approval of a Planned Development Site Plan in
order to develop a piece of property and construct a convenience store / gas station.
Project Name: Quick Trip.
Location: 2301 Hwy 377. The subject property is located in the Westlake Corners
North subdivision, a triangular parcel at the Northwest corner of S.H. 170 and S.H. 377
in the PD 3-11 zoning district.
The Western boundary of this land abuts the rail road tracks and Fort Worth city limits.
The South and East boundaries abut Highway Right-of-way. The abutting property to
the North is also zoned PD 3-11.
Zoning: PD- 3-11
Proposed Use(s): Convenience Store and Gas station, both uses are allowed by right
in this zoning district.
II. STAFF REVIEW COMMENTS
1. Platting
The preliminary and final plats have been approved and will be filed following
the approval of this Site Plan. A minor adjustment to the plats will be
necessary to accommodate some relocated parking spaces. These changes
will be approved administratively by the Town Engineer.
2. Landscaping
The applicant is proposing to provide the number of trees required by
ordinance but is seeking a variance to allow them to place the trees some
place other than in the Town Edge Landscape Zone. (Preferred Landscape
Plans) Some trees could be planted between the store and the rail road
2
tracks to provide a visual and sound buffer. (Staff will coordinate with the
developer on number and location of trees) The applicant has expressed
interest in planting some trees off-site if the town has a need for landscaping
along some new roadways or other public places.
3. Signs
Monument signs
. The monument signs proposed will require a variance. The
ordinance allows monument signs for building less than 15,000 square feet to
be a total of 50 square feet, including architectural features, with a sign face
area of 20 square feet. The proposed signs are 60 square feet with 33.6
square feet faces. The signs will comply with all set back requirements.
Based on the size and configuration of the property, the applicant desires to
have two monument signs, one for each street frontage. Both signs are
proposed to be the same size and configuration.
Building façade signs
. The signs on the building and the canopy are allowed
to have an area equal to 6% of the façade areas. The proposed are 9% of
the building façade. The maximum allowed sign square footage is 180, and
the proposed is 361.
It should be taken into consideration that the sign regulations for this zoning
district were created from the perspective of each structure having a single
street front. The proposed structure has two street frontages that the signage
is being divided upon, and with the building being set back over 150 feet from
the roadway significantly smaller signs would be ineffective.
4. Outdoor Lighting Plan
While the applicant states that all luminaries will be shielded to comply with
the Town’s outdoor lighting requirements as found in Section 102-207, they
feel that it will be necessary for security and safety purposes to illuminate the
area under the canopy over the fuel pumps more than is allowed by
ordinance. ( 20 foot candles allowed 27 foot candles proposed at the center
most portion of the fueling area) The ordinance provides that it is an
authorized exception to exceed the lighting limitations for security or safety
purposes. The applicant has shown that all luminaries will be recessed or
shielded so as to mitigate glare and spill-over lighting.
5. Building Articulation Vertical and horizontal articulation of the exterior
facades is required to meet specific design criteria. The Proposed structure
does not meet the design articulation criteria on all facades. However, three
of the four facades exceed minimum ordinance requirements.
3
III.
STAFF RECOMMENDATIONS
Staff recommends approval of the Planned Development Site Plan application
with the following stipulations:
1. Outdoor lighting. After the installation of the outdoor lighting the applicant must
agree to adjust or shield any light fixture found to adversely impact neighboring
properties or glare excessively as viewed from adjacent properties or right-of-
ways.
2. Speakers at the fuel pumps. There shall be no continuous music or
advertisement played through speakers at the pump island. The speakers are to
be used only for customer service purposes and shall be set at a volume such
that they cannot be heard at the property line above the ambient noise levels.
3. Trash receptacles. A trash receptacle shall be placed near each customer
entrance. The trash receptacles must be of a design compatible with the
architecture of the building.
4. Shopping center monument sign. A monument sign placed at the corner of
the lot nearest the intersection of Hwy 170 and Hwy 377 used solely to identify
the shopping center as Westlake Corners may be installed by the owner. Such
sign will not be counted against the number of monument signs allowed on this
lot or other lots in the subdivision.
5. Second monument advertising sign. The allowance of a second monument
sign advertising the convenience store on this lot shall not count against the total
number of monument signs allowed on any other lot in this subdivision.
6. Bollards along the store front. The elimination of a curb along the sidewalk
around the store and the addition of bollards shall only be allowed if satisfactory
evidence is presented to town staff showing that this design is mandated by state
or federal jurisdictions.
Street:City, State:QuikTrip Store No. :966 NWC of 377 & 170 Westlake, TX
Presentation Exhibit
QuikTrip StoreSite Perspective
K:\Projects\Div 08 Dallas\0966\3D\dwg\0966 Site Perspective View - 0966SPE05-01.dwg, 8.5x11, 10/20/2010 2:16:08 PM, jkim
Street:City, State:QuikTrip Store No. :966 NWC of 377 & 170 Westlake, TX
Presentation Exhibit
QuikTrip StoreSite Perspective
K:\Projects\Div 08 Dallas\0966\3D\dwg\0966 Site Perspective View - 0966SPE09-01.dwg, 8.5x11, 10/20/2010 2:15:24 PM, jkim
Resolution 10-43
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION 10-43
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPROVING A PLANNED DEVELOPMENT SITE PLAN FOR THE
PROPERTY ADDRESSED AS 2301 S.H. 377, BEING LOT 1, BLOCK 1, OF THE
WESTLAKE CORNERS NORTH SUBDIVISION LOCATED IN THE TOWN OF
WESTLAKE, TARRANT COUNTY, TEXAS.
WHEREAS, The Planning and Zoning Commission reviewed the application for the
above referenced Planned Development Site Plan on November 29, 2010, and voted
unanimously to recommend that the Town Council approve the application subject to the
comments and recommendations contained in the staff report: 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
: That the Town of Westlake Town Council does hereby approve the
Planned Development Site Plan, attached as Exhibit “A”, subject to the comments and
recommendations contained in the Staff Report, attached as Exhibit “B”.
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 13TH
DAY OF DECEMBER 2010.
_____________________________
Laura L. Wheat, Mayor
Resolution 10-43
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
Memo
Town of Westlake
To: Honorable Mayor and Members of the Town Council
From: Eddie Edwards, Director of Planning and Development
Subject: Regularly scheduled meeting for December 13, 2010
Date: December 1, 2010
Regular Consideration of an application for a Planned Development Site Plan for the
property addressed 2341 S.H. 377, Lot 2, Block 1, of the Westlake Corners North
subdivision. The property is zoned PD3-11 and the Site Plan approval is
necessary prior to the issuance of a building permit for the construction of a liquor
store.
ITEM
This item supports the following Vision Point and Key Result Areas:
VISION POINT AND KEY RESULT AREAS
Inviting Residential & Corporate neighborhoods
o On-going comprehensive planning
o Sensitivity to neighborhood integrity
o Outstanding community appearance
o Highest quality development and aesthetic standards
o Open space preservation
The current PD 3-11 Zoning and Concept Plan for this subdivision were approved on April 24,
2008. Liquor stores are permitted by right in this zoning district.
BACKGROUND
On October 25, 2010, the Preliminary and Final Plats were approved by the Town Council after
receiving a unanimous recommendation for approval from the Planning and Zoning
Commission.
Approval of a Planned Development Site Plan is the next requisite step prior to applying for a
building permit. The applicant has submitted the accompanying Planned Development Site Plan
for approval. The Planning and Zoning Commission is authorized to approve Site Plans that do
not involve any variances. Since the submitted Site Plan, if approved as proposed, will require
approval of a variance, the Town Council must approve the Site Plan. The Planning and Zoning
Commission considered this case at the November 29, 2010 meeting and voted unanimously to
recommend approval of the plan subject to the comments and recommendations that are included
Page 2 of 2
in the staff report. Details regarding the variances sought are also included in the staff report.
N/A
FUNDING
Staff has reviewed the Planned Development Site Plan for compliance with the adopted
ordinances and the Town of Westlake Comprehensive Plans. Staff feels that the plans submitted
meet or exceed the intent of the adopted ordinances and the Comprehensive Plans. Staff
recommends approval as submitted subject to the comments and recommendations in the staff
report.
RECOMMENDATION
Staff report
ATTACHMENTS:
Site Plan
Elevation exhibits
Resolution
1
TOWN OF WESTLAKE, TX
STAFF REPORT TO THE MAYOR AND TOWN COUNCIL
I.
CASE INFORMATION
Case No(s): SP- 11- 02- 2010
Date: 12/01/2010
Request: The applicant is requesting approval of a Planned Development Site Plan in
order to develop a piece of property and construct a Liquor Store.
Project name: Centennial Fine Wine and Spirits
Location: 2341 Hwy 377. The subject property is located in the Westlake Corners
North subdivision, a triangular parcel at the Northwest corner of S.H.170 and S.H. 377
in the PD 3-11 zoning district.
The Western boundary of this land abuts the rail road tracks and Fort Worth city limits.
The South and North boundaries abut lots in the same zoning district, and the East
boundary abuts Highway 377 Right-of-way.
Zoning: PD- 3-11
Proposed Use(s): Liquor store. The proposed use is allowed by right in the PD 3-11
zoning district.
II. STAFF REVIEW COMMENTS
1. Platting
The preliminary and final plats have been approved and will be filed following
the approval of this Site Plan. A minor adjustment to the plats will be
necessary to accommodate some relocated parking spaces. These changes
will be approved administratively by the Town Engineer.
2. Landscaping
The applicant is proposing to comply with the Forested Edge option instead of
installing an earth berm. The common access drive approach located in the
center of the lot makes a berm impractical.
2
3. Outdoor Lighting Plan
While the applicant states that all luminaries will be shielded to comply with
the Town’s outdoor lighting requirements as found in Section 102-207, they
have not submitted a detailed outdoor lighting plan as of the date of this staff
report. In the P&Z meeting the applicant stated that they plan to use the
same light fixture types as being proposed for the convenience store on the
adjacent property.
4. Building Articulation Vertical and horizontal articulation of the exterior
facades is required to meet specific design criteria. The Proposed structure
does not meet the design articulation criteria on all facades. In the P&Z
meeting an alternative elevation was presented for the north wall of the
building which brings the design much closer to meeting the code
requirements.
III.
STAFF RECOMMENDATIONS
Staff recommends approval of the Planned Development Site Plan application
with the following stipulations:
1. Outdoor lighting. A detailed outdoor lighting plan shall be submitted with the
building permit submittal documents. After the installation of the outdoor
lighting the applicant must agree to adjust or shield any light fixture found to
adversely impact neighboring properties or glare excessively as viewed from
adjacent properties or right-of-ways.
2. Trash receptacles. A trash receptacle shall be placed near each customer
entrance. The trash receptacles must be of a design compatible with the
architecture of the building.
3. Landscaping. Extend landscaping on the north property line to the rear of
the building.
4. Building Articulation. Alternate exhibit showing revised North elevation.
5. Monument sign. The monument sign must be located a minimum of ten feet
behind the front property line.
Resolution 10-44
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION 10-44
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPROVING A PLANNED DEVELOPMENT SITE PLAN FOR THE
PROPERTY ADDRESSED AS 2341 S.H. 377, BEING LOT 1, BLOCK 2, OF THE
WESTLAKE CORNERS NORTH SUBDIVISION LOCATED IN THE TOWN OF
WESTLAKE, TARRANT COUNTY, TEXAS;
WHEREAS, The Planning and Zoning Commission reviewed the application for the
above referenced Planned Development Site Plan on November 29, 2010, and voted
unanimously to recommend that the Town Council approve the application subject to the
comments and recommendations contained in the staff report: 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
: That the Town of Westlake Town Council does hereby approve the
Planned Development Site Plan, attached as Exhibit “A”, subject to the comments and
recommendations contained in the Staff Report, attached as Exhibit “B”.
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 13TH
DAY OF DECEMBER 2010.
_____________________________
Laura L. Wheat, Mayor
Resolution 10-44
Page 2 of 2
ATTEST:
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement offers, or other legal
matters not related directly to litigation or settlement. Pending or contemplated
litigation and settlement offers include but are not limited to the following:
1.
2.
Rosevear and Simonetti vs. Town of Westlake
Michael Eaton vs. Town of Westlake
b. Section 551.087: Deliberation Regarding Economic Development Negotiations – to
deliberate the offer of a financial or other incentive to a business prospect.
c. Section 551.072: Deliberation Regarding Real Property – to deliberate the purchase,
exchange, lease, or value of real property: Vaquero / Discovery Land.
d. Section 551.074(a)(1) Personnel Matters - to deliberate the appointment,
employment, evaluation, reassignment, duties, of a public officer or employee: Town
Manager.
Town of Westlake
Item # 7 –
Executive Session
Town of Westlake
Item # 8 – Reconvene
Meeting
TAKE ANY ACTION FROM EXECUTIVE SESSION, IF NECESSARY
a. Section 551.071: Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement offers, or other legal
matters not related directly to litigation or settlement. Pending or contemplated
litigation and settlement offers include but are not limited to the following:
1.
2.
Rosevear and Simonetti vs. Town of Westlake
Michael Eaton vs. Town of Westlake
b. Section 551.087: Deliberation Regarding Economic Development Negotiations – to
deliberate the offer of a financial or other incentive to a business prospect.
c. Section 551.072: Deliberation Regarding Real Property – to deliberate the purchase,
exchange, lease, or value of real property: Vaquero / Discovery Land.
d. Section 551.074(a)(1): Personnel Matters - to deliberate the appointment,
employment, evaluation, reassignment, duties, of a public officer or employee:
Town Manager.
Town of Westlake
Item # 9 – Take any
Necessary Action, if
necessary
FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or
Council meeting, under “Future Agenda Item Requests”, an agenda item for a future
Council meeting. The Council Member making the request will contact the Town Manager
with the requested item and the Town Manager will list it on the agenda. At the meeting,
the requesting Council Member will explain the item, the need for Council discussion of
the item, the item’s relationship to the Council’s strategic priorities, and the amount of
estimated staff time necessary to prepare for Council discussion. If the requesting Council
Member receives a second, the Town Manager will place the item on the Council agenda
calendar allowing for adequate time for staff preparation on the agenda item.
- None
Town of Westlake
Item #10 - Future
Agenda Items
COUNCIL RECAP / STAFF DIRECTION
Town of Westlake
Item #11
Council Recap /
Staff Direction
COUNCIL CALENDAR
- Town Offices Closed
December 24th, 27th and 31st
- Town Offices Closed
, 2010
January 17, 2011
- Town Council Meeting
January 24, 2011
- Town Council Meeting
February 28, 2011
Town of Westlake
Item # 12 –
Council Calendar
Town of Westlake
Item # 13 –
Adjournment
Back up material has not
been provided for this item.