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Home My WebLink About07-28-08 TC Agenda PacketEIRFARFMI WESTLAKE TOWN HALL 3 VILLAGE CIRCLE tj 1 HU11 .9l►l 1� ILIGNIN 17 91:7 PRESENTATION2. 1 DISCUSSION OF A STATUS REPORT REGARDING UTILITY RATE STUDY. 3. PRESENTATION AND DISCUSSI®N REGARDING THE ROAN® I.®.®.F. CEMETERY. - Rules, regulations policies and procedures for the operation of the cemetery. 4. PRESENTATI®N AND DISCUSSI®N OF A STATUS REPORT ON CONSTRUCTION OF THE ALTS AND SCIENCES CENTER. A. Timeline B. Review interior /exterior finishes C. Funding update CERTIFICATION I certify that the above notice was posted at the Town Hall ofthe Town of Westlake, 3 Village Circle, Westlake, Texas and the Westlake Civic Campus, 2600 J.T. Ottinger Road, Westlake, Texas, by Friday, Judy 25, 2008, by 3:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. Kim Sutter, TRMC, Town Secretary Ifyou 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. Town of Westlake IOM1111 7 To: Honorable Mayor and Members of the Board of Aldermen From: Jarrod Greenwood, Public Works Superintendent Subject: Regular Workshop Meeting of July 28, 2008 Date: July 21, 2008 Presentation and discussion of a status report regarding the utility rate study. The Town retained the services of a rate analyst, Carolyn Marshal, on January 15th to provide a full assessment of the Town's Water and Sewer funds at a cost of $15,000. Municipalities will typically conduct a comprehensive water rate study about every three years, with staff making adjustments in between. The water 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 will allow staff to utilize when preparing budget information. Mrs. Marshall's rate study considered the Town's existing water rate structure, capital assets, depreciation, operation and maintenance expenses, debt, and revenues. The purpose of the study was to determine whether the Utility Fund is accomplishing full recovery of cost of services while maintaining an appropriate fund reserve balance. N/A I: D �7� ►� : ►li��7►i N/A Attachments to be provided to the Board at Monday's workshop 7/29/2008 TOWN of WESTLAKE 2008 WATER AND WASTE WATER RATE STUDY TOWN OF WESTLAKE FISCAL AMD BUDGETARY POLICIES "To establish and document a policy framework for fiscal decision- making, the Town Manager will develop and maintain a comprehensive set of Financial Management Policy Statements. The aim of these policies is to ensure that financial resources are available to meet the present and future needs of the citizens of Westlake. Specifically this policy framework mandates the pursuit of the following fiscal objectives:" FISCAL AND BUDGETARY POLICIES • Revenues - Utility/Enterprise Funds User Fees • Expenditures - Avoidance of operating deficits and maintenance of capital assets • Capital Expenditures and Improvements — Replacement of capital assets on a regular schedule WESTLAKE COMMUNITY VISION Westlake is a one- of- a kind community; an oasis with rolling hills, grazing longhorns. and soaring red-tailed hawks, located in the heart of the Fort Worth -Dallas metropolitan area. Inviting neighborhoods and architecturally vibrant corporate campuses find harmony among our meandering roads and trails. lined with native oaks and stone walls. We are leaders. In education we are known for our innovative partnerships between the Town -Owned Charter School and its corporate neighbors. We are environmental stewards — exemplifying the highest standards. Hospitality finds its home in Westlake. As a community, we are fully involved and invested in our rich heritage, dynamic present and exciting, sustainable future. 7/29/2008 2 Vision Point: We are Leaders In education we are known for our innovative partnerships between the Town -owned charter school and its corporate neighbors. We are environmental stewards - exemplifying the highest standards. Key Result Areas supporting this vision point: • Premier educational facilities and programs • Producing well educated future leaders and thinkers • Business partnerships with the Town and Westlake Academy • Environmental stewardship initiatives • High quality services delivery coupled with financial stewardship • Infrastructure maintenance and planning Residential Includes 2000 gallons Existing and Proposed Water Rates Proposed Commercial Volume BASE RATES $ - $ Existing Proposed Existing Proposed Meter Size; Residential Residential Commercial Commercial -- 3/4" - $ 37.50 - 39.00 -- $ 25 ---- $ 39.00 1" $ 55 65.13 __. $ 25 �._. $ 1.5"_ $ 102.50 129.87 $ 75 _6_5.13 $ 129.87 2' $ 157.50 207.87 $ 150 $ 207.87 3" $ 325 455.13 $ 450 $ 455.13 4" $ 720 819.00 $ 1,500 $ 819.00 Residential Includes 2000 gallons 7/29/2008 3 VOLUME RATES Existing Proposed Residential !Residential Existing Commercial Proposed Commercial Volume 0-2000 $ - $ _ 2.85 $ 2.50 $ 2.85 2001-10000 $ 2.50 $ 2.85 $ 2.75 $ 2.85 10001-20000 $ 2.60 $ 2.85 $ 3.50 $ 2.85 20001-40000 $ 2.70 $ 3.56 $ 4.00 $ 3.56 40001-400000 $ 2.80 $ $ 4.50 $ 4.45 +400000 $ 2.90 i $ 5.57 $ 6.00 $ 5.57 7/29/2008 3 7/29/2008 How do the PROPOSED RATES compare to EXISTING RATES? How do they affect Westlake customers? Existing and Existing Proposed Proposed Sewer Rates Existing Commercial Proposed Commercial Meter Size'. 3/4" $ 30.00 $ 30.04 $ 30.00 $ 30.00 1" $55.00 $ $ 55.00 55.00 1.5" $ 105.00 ' $ 105.40 $ 105.00 _$ $ 105.00 2.l---, $ 170.00 $ 170.00 $ 170.00 $ --170.00 3" $ 370.00 $ 370.00 $ 370.00 $ 370.00 4" $ 635.00 Residential includes 2000 gallons $ 635.00 $ 635.00 Residential is capped at 20, 000 gallons Cap Removed How do the PROPOSED RATES compare to EXISTING RATES? How do they affect Westlake customers? VOLUME RATES BASE RATES Existing Proposed Existing .Proposed Residential Residential Existing Commercial Proposed Commercial Meter Size'. 3/4" $ 30.00 $ 30.04 $ 30.00 $ 30.00 1" $55.00 $ $ 55.00 55.00 1.5" $ 105.00 ' $ 105.40 $ 105.00 _$ $ 105.00 2.l---, $ 170.00 $ 170.00 $ 170.00 $ --170.00 3" $ 370.00 $ 370.00 $ 370.00 $ 370.00 4" $ 635.00 $ 635.00 $ 635.00 $ 635.00 How do the PROPOSED RATES compare to EXISTING RATES? How do they affect Westlake customers? VOLUME RATES Existing Proposed Existing Proposed Residential�Residen_tial $ - Commercial $ 3.21 Commercial $ 3.21 0-2000 2001-10000 $ 3.21 $ 3.21 $ 3.21 $ 3.21 10001-20000 $ 3.2.1 ; _ 3.21 $ 3.21 $ 3.21 200010000 $ - $ 3.21 $ 3.21 $ 3.21 40001 X00000 $ -$3.21 $ 3.21 $ 3.21 +400000 $ $ � 3.21._ $ 3.21 $ _ 3.21 How do the PROPOSED RATES compare to EXISTING RATES? How do they affect Westlake customers? 7/29/2008 Comparison of Water Rates With Neighboring Cities Mc•.1•M • Keller • Southlake • Trophy Club WATER RATES 7/29/2008 Average Wyck Hill / Aspen House 2005 Water rate study 2008 Water rate study Average Ottinger / Mahotea Boone House (11,000 gallons/month -1" meter) 309.03 $120 $300 96.48 $100 $200 — 176.40 77.60 $80 $100 53.41 62.00 $60 $40 35.00 $20 --- $0 Keller Southlake Roanoke Trophy Club Westlake Westlake Current Proposed Average Wyck Hill / Aspen House 2005 Water rate study (66,000 gallons/month -1" meter) $350 309.03 $300 $250 253.41 252.25 — 227.80 $200 — 176.40 $150 I $100 $50 $0 Keller Southlake Roanoke Trophy Gub Westlake Current Westlake Proposed 2008 Water rate study Average Glenwyck Farms House (71,000 gallons/month -1" meter) $350 -- --- $300 41 269.75 249.78 241.80 $250 - $200 189.40 $150 $100 $50 $0 Keller Southlake Roanoke Trophy Club Westlake Current Westlake Proposed 7/29/2008 7 2008 Water rate study Average Vaquero House (115,000 gallons/month -1" meter) $600 -_ .... _..... _... -- --- 527.08 j $500 $400 402.02 - 448.41 423.75 365.00 303.80 $300 $200 $100 - - — -- $0 Keller Southlake Roanoke Trophy Club Westlake Current Westlake Proposed 7/29/2008 7 7/29/2008 SEWER RATES Trophy Club Comparison with MUD Tax $700 $700.00 $616.30 $600 $600.00 $527.08 $500 -..__.._..___ ............. _..... _ _-- _-. —_- _____-_- _ .......... $500.00 $400 ...... _- $365. - $397.73 ........ .......$384 73 $331.28 $309.03 $300 ___ ..._._ _ - _ -_ ._.____-_.___ -.._-- $241.80 __ $300.00 $227.80 $200 -�-. --- —_-._......_.__..._..._.._...._.__.__-__ $200.00 $100 -I- I( - -- — - - $97.50-77 $96.48 $100.00 Trophy Westlake Westlake Trophy Westlake Westlake Trophy Westlake Westlake Trophy Westlake Westlake Club Current Proposed Club Current Proposed Club Current Proposed Club Current Proposed Vaquero House Glenwyck House Wyck Hill/Aspen House Ottinger/Mahotea Boone House • Tax Revenue Assumed average Trophy Club Tax Rate of .25 per $100 assessed value ■Water Revenue Total SEWER RATES 2008 Sewer rate study Average Ottinger/ Mahotea Boone Houliva (11,000 gallons/month -1" meter) $100 -- Not on Town Sewer 83.89 83.89 $80 $60 52.40AA 16 $40 54.19 37.84 $20 , ,� $0 Keller Southlake Roanoke Trophy Club Westlake Westlake Current Proposed $250 $200 $150 $100 $50 $0 200.35 Average Wyck Hill /Aspen House (66,000 gallons/month - 1" meter) ----- Not on Town Sewer - 218.64 50.16 112.78 Keller Southlake Roanoke Trophy Club Westlake Westlake Current Proposed 7/29/2008 0 2008 Sewer rate study Average Glenwyck Farms House (71,000 gallons/month - 1" meter) $300 -- -- --Z76–.49— $250 2'76-$250 213.8 233.69 $200 $150 112.78 $100 $50 50.16 40.4 $0 Keller Southlake Roanoke Trophy Club Westlake Westlake Current Proposed rate stuCy q ) Average Vaquero House (115,000 gallonslmonth-1" meter) $500 417.73 $400 — — 365.15 332.16 $300 $200 112.78 i $100 50.16 40.48 $0 Keller Soulhlake Roanoke Trophy Club Westlake Cu-nt Westlake Proposed 7/29/2008 Me TOWN OF WESTLAKE WATER AND WASTE WATER RATE STUDY 7/29/2008 11 Town of Westlake Memo To: Honorable Mayor and Members of the Board of Aldermen From: Troy Meyer, Director of Facilities and Recreation Subject: July 28, Board of Aldermen Workshop Date: July 17, 2008 ITEM Presentation and discussion regarding the Roanoke I.O.O.F. Cemetery. - Rules, regulations, policies and procedures for the operation of the cemetery. The Roanoke Independent Order of Oddfellows (I.O.O.F.), Lodge 421 purchased approximately five and one half acres of property in 1897 to serve as a public burial ground for departed friends and family members of those that founded this promising new land. Thanks to the intractable dedication of Mrs. Mary Nell Fanning, the first president of the I.O.O.F. Cemetery, the cemetery was sustained and continued to thrive for thirty five years, long after the demise of Lodge 421. Upon the death of Mrs. Fanning, her son Charles Richard "Dick" Fanning, became president of the cemetery and shouldered the responsibility of maintaining and managing the cemetery for the last 25 years. The Town of Westlake is humbled and proud to be the final resting place for many area pioneer families with names like Sams, Cowan, Seagraves, Owens, Lassen, Buell, Boutwell, Taylor, Mitchell and McMahon. The year 2007 marked the I l Ota, anniversary of the founding of the IOOF Cemetery and the 50th anniversary of the incorporation of the Town of Westlake The Town of Westlake and its officials are honored to have earned the trust and friendship of the Fanning family to the extent that Mr. Dick Fanning, president of the LO.O.F. Cemetery Association, entrusted the Town of Westlake with the perpetual care and restoration of the I.O.O.F. Cemetery in May 2007. On February 25, 2008, the Board approved funding to proceed forward with the development of a master plan. The initial funding covered the cost for the completion of a survey, ground scan and the purchase of accounting software. The scan of the open areas in the cemetery located 174 unmarked historical grave sites. Graham & Associates completed surveying five of the eight sections within the cemetery. The Town has also purchased the cemetery software program. At a later date, the Board will be asked to consider an ordinance establishing limits of the use of a municipal cemetery and authorizing the Town Manager or other designee to establish rules, regulations, policies and procedures for the operation of the cemetery. The I.O.O.F. Cemetery Association transferred $69,600 to the Town of Westlake for the care of the cemetery. Since the 2004-2008 budget, the Town has allocated $10,000 annually for cemetery ground maintenance. In the adopted 2007-2008 budget, $10,000 was earmarked from the Visitor's Association fund to take the initial steps necessary to create a master plan for the cemetery. Staff is proposing the use of a part-time contractor to input information into the software, complete a title search, and create a marketing plan. Additionally, the Board will be asked to consider the adoption of an ordinance establishing the rules and regulations for the operation of the cemetery. Proposed Roanoke I.O.O. F. Cemetery Rules and Regulations 2 DRAFT DRAFT DRAFT Roanoke • • .F. Cemetery The following rules and regulations have been adopted as a guide to the use and management of the cemetery. The rules and regulations will help protect all who have interest here. All lot owners of interment rights, visitors and contractors performing work within the cemetery shall be subjected to said rules and regulations, amendments or alterations as shall be adopted by the Town of Westlake from time to time. Rules and Regulations of the cemetery and prices for burial spaces and services are made by the Town and become effective upon approval by the board of alderman. The cemetery may, and it hereby expressly reserves the right, at any time, with or without notice to lot owners, to adopt new rules and regulations or to amend, alter and/or repeal any rule, regulation and/or article, section or paragraph in these Rules and Regulations. Special cases may arise in which the literal enforcement of the rule may impose unnecessary hardship. The cemetery, therefore, reserves the right, without notice, to make exceptions, suspensions or modifications in any of the Rules and Regulations when, in its judgment, the same appear advisable, and such temporary exceptions, suspensions or modifications shall in no way be construed as affecting the general application of such. 2. The cemetery retains to itself, for the benefit of all interment right owners, full and complete supervision, control and management of the land, buildings, improvements, roads, walks, utilities, development, books and records, and the full and complete authority, rights and privileges to make, change, administer and enforce all rules and regulations and restrictions not inconsistent with the laws of this State wherein this cemetery is located. . All lots in the cemetery are sold in accordance with the provisions of the laws of the State of Texas, and the Town of Westlake and shall not be used for any other purpose than as a burial place for dead human beings. All lots are sold with permanent maintenance provisions. 4. Lots must be paid in full before a burial is made. Full purchase price must be paid before a certificate is issued. Visiting hours are from 8:00 a.m. to 8:00 p.m., Monday through Saturday from April 1 through October 31. Visiting hours are 9:00 a.m. to 8:00 p.m. on Sundays and holidays from April 1 through October 31. Visiting hours are from 8:00 a.m. to 4:30 p.m., Monday through Saturday from November 1 through March 31. Visiting hours are from 9:00 a.m. to 4:30 p.m. on Sundays and holidays from November 1 through March 31. Any person found on the cemetery grounds after closing will be considered a trespasser. 6. The cemetery issues to each owner of the rights of burial for its lots, a Certificate of Ownership describing the location and naming the owner or owners of the said location. The naming of more than one owner is indicative of joint ownership in common with rights of survivorship. The issuance of such certificate is the cemetery's sole form of recognition of ownership. Possession of the Certificate by a person whom is not listed on the Certificate is not in itself evidence of ownership. Purchasers of lots, simply acquire the right of burial. 7. The owner of interment rights hereunder may dispose of same by will or, should the owner die intestate, such interment rights shall pass according to laws of this State governing intestacy provided, however, the cemetery shall not be bound by such transfers unless and until an exemplification of record of same has been presented to it and such change has been recorded on the books and records of the cemetery. Any plot in which there are no burials, entombments or inurnments may be transferred to a new owner, providing the original Certificate of Ownership is submitted to the cemetery together with proper transfer agreement, upon payment of transfer fee in accordance with the cemetery's established schedule of charges. 8. In the event of loss or destruction of a Certificate of Ownership and upon the presentation of a written request, accompanied by a properly executed affidavit by the owner setting forth the circumstances of the loss or destruction, the cemetery will prepare a duplicate Certificate from its records. 9. Lot owners are prohibited from allowing interments to be made on their lots for compensation. 10. If a lot owner sells or transfers title to his or her lot, as provided by these regulations, he or she must pay any and all indebtedness due the cemetery before such transfer of title will be allowed. 11. All lot owners are required to notify the cemetery of any change of address. All notices required to be sent shall be sent to the last recorded address and such notices shall be deemed adequate. 12. No person; other than employees of the town, shall be allowed to perform any work within the cemetery without permission from the town. 13. The cemetery shall direct all improvements within the grounds and upon all lots before and after interments have been made herein. 14. Charges for work and services performed by the cemetery or for materials purchased from the cemetery will be at rates as approved by the Town. 15. The cemetery will take all reasonable precautions to protect lot owners and their property within the cemetery from loss, damage or injury but it shall not be responsible for any loss, damage or injury. 16. The use of the cemetery land as a thoroughfare will not be permitted. 17. The right to use automobiles or other vehicles in the cemetery is authorized solely and exclusively for the purpose of transporting persons to visit burial plots. The speed limit within the cemetery is fifteen (15) miles per hour. Parking and/or driving on any gardens or grassy areas are prohibited for purposes other than those obtained from the cemetery. 18. Bicycles, skates, snowmobiles, motorcycles, horses, etc., may not be used on cemetery lands except with the approval of the cemetery. Dogs are not permitted except when kept on a leash or in a vehicle. 19. Bringing alcoholic beverages or illegal drugs into the cemetery is strictly prohibited. 20. The cemetery shall have the right to enter upon or use any adjoining lot or lots to carry out its duties as to interments, erection of monuments or markers, etc., without prior notice to th e lot owner. 21. No signs, notices or advertisements of any kind shall be allowed in the cemetery unless placed by the cemetery. 22. Peddling of any kind or soliciting the sale of any commodity, other than by the cemetery, is prohibited within the confines of the cemetery. Interment & Funeral Regulations 23. Interments into a lot are restricted to those entitled to burial therein according to these rules and regulations. 24. The cemetery shall be in no way liable for any delay in the interment of a body where a protest to the interment has been made or where the rules and regulations have not been complied with; and, further, the cemetery reserves the right, under such circumstances to place the body in the receiving vault until the full rights have been determined. 25. The use of one grave space shall be limited to interments as follows unless otherwise permitted by the town: a) One adult burial, or b) One adult burial and one infant burial, or C) One adult burial and one urn of cremated remains, or d) Two urns of cremated remains 3 26. No burial of a casket over three feet in length will be made unless there has been provided an outer container or receptacle of concrete or such other material which the cemetery will deem to have comparable strength or resistance to deterioration. 27. Funerals are to be at the cemetery from 8:00 A.M. - 3:30 p.m., Monday through Friday and from 8:00 A.M. -2:00 p.m. on Saturday. 28. No disinterment will be allowed without permission of next of kin, the lot owner, the cemetery and the proper authorities. 29. The cemetery shall in no way be liable for any container, receptacle or urn of cremated remains placed in any lot. A permanent type of urn or vault is required for ground interment of cremated remains. The scattering of cremated remains over a family lot is prohibited. 30. The cemetery reserves the right to remove all flowers, wreaths or other decorations from lots as soon as they become unsightly. The grounds will be cleared of decorations twice a year. Spring cleanup begins March 1, and Fall cleanup begins October 1. In order for a family to save any decorations placed on a grave, the decoration should be removed prior to these dates. New decorations may be placed beginning April 1 and November 1 respectively. 31. Fresh flower arrangements are allowed on lots in a permanent bronze vase or a disposable vase. Silk flower arrangements are only allowed to be placed in a permanent bronze vase. 32. Grave blankets and wreaths are allowed as winter decorations from November 1 until the Spring cleanup beginning March 1. 33. Items not allowed to be placed on a lot within the cemetery include, but are not limited to, the following: plants, plantings, shepherd's hooks, standup decorations, coping, curbing, decorative rocks, fencing, hedging, grave mounds, borders or enclosures. No decorations of any type are permitted in trees or cemetery plantings. 34. Flags may be placed on graves on Memorial Day, the Fourth of July, Flag Day, and Veterans Day. Flags should be kept to 12" by 18" in size or smaller. Flags are subject to removal by cemetery within ten (10) days of the Holiday. 35. Trees and shrubs are placed throughout the cemetery by the cemetery for overall beauty and serenity of the grounds. Individual lots are not permitted to have trees or shrubs. Any such tree or shrub not approved by the cemetery will be removed without notice to the lot owner. 4 36. Certain lots embrace a tree that may interfere with space that otherwise might be used for burial. In such a case, the cemetery recognizes that right to the retention of the trees as prior to the right of use of such space for burial. Should any such tree die naturally, the cemetery will remove it at its own expense. 37. Glass is prohibited at all times. 38. Devotional lights of any type are prohibited in the cemetery. 39. The cemetery shall have the right to remove all objects whose appearance and condition warrant removal and/or violate the cemetery's rules and regulations. The cemetery also will not be liable for any flower or decoration removed or lost by any cause. 40. All memorials must be made of the highest quality standard bronze approved by the cemetery except in the monument garden where all monuments shall be made of granite. 41. The cemetery shall have the authority to reject any memorial that, on account of its size, type, design, inscription, quality, color or method of construction is unsuitable for the particular lot or grave on which it is to be placed. The cemetery reserves the right to prevent the placing or to remove any marker or other objects that do not comply with the standards of the cemetery. Also, the cemetery reserves the right to require the purchase of any and all markers from the cemetery or approved producers or retail dealers. 42. No marker or monument will be accepted by the cemetery for installation unless a sketch has been furnished defining the dimensions, material content and lettering and permission of the lot owner or proper agent of the person having burial rights in the grave to be marked. All markers and monument foundations shall be placed by employees or agents of the cemetery only. 43. All fees or encumbrances due on a lot must be paid in full prior to any memorial being placed on the lot, including any installation fee. 44. Bronze Corner markers are allowed on all lots and must be installed at grade level. 45. In the event a memorial is placed where it is necessary to remove it for an interment or disinterment, the cemetery shall have the right to remove such memorial without notice to the lot owner. 46. The cemetery may, at its own expense, without any liability, correct any error that may occur in the placing of a foundation or memorial. 47. Memorials shall be set in accordance with the general plan of the cemetery. Not more than two (2) memorials may be placed on a grave, one at the head and the other at the foot, unless otherwise approved by the City. 5 48. Photographs and porcelain material may be incorporated into any memorial, upon approval by the cemetery. No protective glass or breakable material of any kind will be allowed on the memorial. 49. Monuments cannot exceed one-half of the width of the lot or a six-foot maximum. The tablet must be at least eight inches thick. The base and tablet together cannot exceed four feet in height. Town of Westlake Memo To: Honorable Mayor and Members of the Board of Aldermen From: Troy J. Meyer, Director of Facilities and Recreation Subject: Regular Meeting of July 28, 2008 Date: July 17, 2008 ITEM Discussion and Consideration of a Status Report on construction of the Arts and Sciences Center. A. Timeline B. Review interior / exterior finishes C. Funding Update BACKGROUND Due to the increasing growth of the student population and with the addition of upper level grades, additional space will be necessary for arts and science classrooms to accommodate the required curriculum and a performing arts facility for the community. The Westlake Performing Arts and Sciences Center building will be approximately 13,476 square feet of gross building area. This building will include a black box theater, lobby, an art classroom, kiln, three laboratories, faculty offices, conference room, restrooms and various storage and support spaces. On June 11, 2007, the Board selected the south location vs. the north location. Out of the three conceptual options proposed, the Board agreed on option two (raw shell) with full build out drawing to be completed. This would allow the Foundation to show potential donors the completed building and assist with fundraising efforts. Depending on the final site of the project, an outdoor amphitheatre may also be incorporated adjacent to the black box theater. The architectural style of the buildings will be similar to the existing buildings on campus. Budget considerations will dictate alternate construction materials and systems. Gideon Toal will provide architectural services for Schematic Design, Design Development, Construction Documents, and Construction Administration within our scope. The Scope of Services covered by this proposal includes: Architectural Design, Structural Engineering, Mechanical/Electrical Engineering, Acoustical Consulting, Lighting Design, Furniture, Fixture and Equipment selections and Landscape Architecture. Work is scheduled to begin immediately and the estimated date for completing the design package is the fall of 2008. In February 2008, the Board approved the staff to put out a request for qualification (RFQ) for Contractor at Risk services for the Arts and Sciences Centers located at the Civic Campus. There were eight RFQ's submitted on March 20, 2008. After review by town staff and the building committee, three Construction Management at Risk contractor's presented their services to the Board of Alderman on April 14. 2008. The firm of Steele & Freeman, Inc. was selected as the preferred contractor. On April 23, 2008, the staff met with Steel & Freeman to negotiate services. The ground breaking ceremony was held on June 5, 2008. The gas, water and sewer relocation began the following week. The relocation was completed by July 1, 2008. Staff will continue to update the Board as outlined in the timeline below: Ibl"lintm August 11, 2008, Board of Aldermen Workshop - Arts and Sciences Center update August 14, 2008 (no action by the Board) - Bid opening. August 21, 2008, Building Committee Meeting - To discuss bid packages. August 25, 2008, Board of Aldermen Workshop - Arts and Sciences Center update - Review bid packets. At this time, staff will seek direction from the Board regarding moving forward with the project. September 8, 2008, Board of Aldermen Workshop - Funding update Discuss award of bids for project. September 8, 2008, Board of Aldermen Meeting - Funding update - Consider award of bid for project. The funds for each phase of the project are outlined in the attached power point presentation. No recommendation at this time. ATTACHMENTS: Westlake Academy Arts & Sciences Center Construction and Funding Update June 23, 2008 2 Funding Sources as of June 200 $246TOOO $500X0 $536136 $5009000 $ 22,305 Pro e ed Total of Cash and P esn jam',, el Anticipated Cash ®n and at Sept. 08 $493649711 Future Pled NXIIIII N D TOlA G RA il", 7684606 Construction Phasing Variance r Oct. 08 Phase I A. Phase 1 $4,561,110 B. Phase I Complete and 11 $4,724,488 $163,378 Foundation Only C. Phase I complete & 11 shell $5,621,708 1, ,5 FF& E Not include for Art Room & Black Box D. Phase 1& 11 Complete $6,484,462 $1,923,352 Phase Funding. -- u n% di � r. e n. J;, .o-. Rg, Unfunded •'• of Phase • Phase • • Shell Future Pledges I !I III Ir I III III III Kase I Phase I & 11 Phase I & Phase I & 11 Foundation Only Phase 11 Shell Complete Current $4,364,711 $4,364,711 $4,364,711 $4,364,711 Funding Total Expenses $4,561,110 $4,724,4885,621,74 6,4. , 2 Unfunded. Portion $196,399 $35%777 $1,256,997 $2,119,751 Unfunded •'• of Phase • Phase • • Shell Future Pledges I !I III Ir I III III III Decision Time and Cosl Sept. 08 Oct. 08 Nov. 08 Dec.08 jan.08 Phase 1 $4,561,100 $4,5619110 $4,561,110 $4,561,110 $4,561,110 Complete Phase I w/ $163,379 $1699147 $174,914 $178,182 $181,449 Phase 11 Foundation `66 Phase I w/ $897,219 $940,163 $983,108 $19026,052 $1,068,997 Phase 11 Shell Phase I & 11 $702,755 $7169810 $730,865 $744,920 $758,975 Complete Add'I FF&E needed $160,000 $1607000 $160,000 $160,000 $160,000 Total $6,484,463 $69547,230 $6,609,997 $6,670,264 $6,730,531 Key Decision Pointj Phase 1 & 11 Complete 13,700 square feet Cost - $695269051 -' Two lab classrooms, one physics classroom One conference room, five offices, restrooms, ® $4,745,391 wo lab classrooms One physics classroom One conference room, 5 offices, istorage, electrical,® I I , teacher restroom, data room, parking Westlake Academy Arts & Sciences Center Construction and Funding Update July 28,2008 Construction Timeline June- Ground breakingfor utility y r elocation June- Estimate from CM for allha p se July- Drawing 100% completed July /August - Bid g packages o out g August 21 th- Bids packages due August 28th -Bids reviewed by BC September 8th—Workshopwith BOA OA to review bids September 22nd- BOA approval PP proposed contracts September 23rd — Construction starts Funding Sources ✓ G.O. Bond Funds ✓Texas Student Housing $2,467,000 ✓ Foundation Donations $500,000 ✓ Lee Gift (Restricted to Art Portion) $5369136 ,/Interest $5009000 Sub -total of cash on hand 1-22-1305 $4,025,441 ✓Anticipated Pledges by July - Sept. 08 891270 Pledges Oct. 08 — Sept. 09IOTAL 189373 $27896 Phase Funding: Cost to Funding Comparison Current ,Funding T' 08-09 Pledges Total Expenses Unfunded Portion Phase Phase I&11 Foundation Only $3,775,441 $278,643 $4,724,488 $670,404 July08 -September 2008 pledges October 08 -September 2009 pledges Total *not include prospective grants Phase II Phase I & II Completed $4,025,441 $278,643 $6,484,462 $2,180,378 $89,270 $189,373 $278,643 Key Decision Points A. Phase I Complete & II Foundation Only? $ 670,404 Needed B. Phase I & II Completed? $2,180,379 Needed Pledge r4l Allegiance I "Honor the Texas flag; Ipledge allegiance to thee, Texas, one state under God, one and indivisible. " Town o Westlake I This is an opportunity for citizens to address the Board on any matter whether or not it is posted on the agenda. The Board cannot by law take action nor have any discussion or deliberations on any presentation made to the Board at this time concerning an item not listed on the agenda. The Board 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 MINUTES OF TOWN OF ,. i1:.21 i. 3 Y. '' U i PRESENT: Mayor Laura Wheat and Aldermen Larry Corson, Carol Langdon, Don Redding, and Rebecca Rollins. ABSENT: Alderman Tim Brittan. STAFF PRESENT: Town Manager Thomas Brymer, Town Attorney Stan Lowry, Town Secretary Kim Sutter, and Assistant to the Town Manager Ginger Awtry. Mayor Wheat called the workshop to order at 4:05 p.m. 2. PRESENTATION 1 DISCUSSION OF PROPOSED PUBLIC ,. MASTER PLAN. Mrs. Michelle Corson, chair of the Public Art Society of Westlake, addressed the Board regarding the item, and advised that revisions were made to the plan based on discussion at the lune 23, 2008, workshop. Mrs. Corson reviewed other suggested revisions recommended by the Society, and asked that the Board consider a percent -for -art program as a means to acquire funding for public art projects. Board discussion ensued with regard to the benefits in of creating a 501(c)3 organization to raise funds for public art, the need for the Society to present updates to the Board on a recurring basis, and coordination of fund raising efforts among the various entities, Town Attorney Lowry explained that the Town is already a tax exempt organization; however, the creation of a 501(c)3 could have an impact on the fundraising potential as donors may be more comfortable donating to an organization that has obtained 501(c)3 status. lmsmsm-'�' WESTLAKE TOWN HALL 3 VILLAGE CIRCLE UNICIPAL COURT ROOM, SHITE 207 7:00 p.m. 111111�i i i ,` 3. CITIZEN PRESENTATIONS: This is an opportunity for citizens to address the Board on any matter whether or not it is posted on the agenda. The Board cannot by law take action nor have any discussion or deliberations on anyy presentation made to the Board at this time concerning an item not listed on the agenda. The Board 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 Board of Aldermen and will be enacted with one motion. There will be no separate discussion of items unless a Board 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. Review and approve minutes of the Board of Aldermen workshop and regular meeting held on July 14, 2008. b. Consider approval of a Resolution authorizing the execution of an agreement with Akin Gump Strauss Hauer & Feld, LLP for 2008 legislative work relating to the Charter School Improvements. Town of Westlake Board of Aldermen Regular Meeting .July 28,2008 Page 2 of 2 c. Consider approval of a Resolution authorizing the execution of a Municipal Maintenance Agreement and an Amendment to the Municipal Maintenance Agreement. 5. CONSIDER ACCEPTANCE OF A LEAVE OF ABSENCE REQUESTED BY MAYOR PRO TENT DON REDDING. VISION6. CONSIDER APPROVAL OF THE BOARD OF ALDERMEN'S VISION, VALUE, AND MISSION STATEMENT AS WELL AS POINTS RESULT AREAS. 7. CONSIDER APPROVAL OF A BOARD POLICY ON BOARD MEETING PROCEDURES AS WELL AS A BOARD RELATIONS POLICY AND CODE OF ETHICS - Texas Municipal League Newly Elected Officials training o 8/8 - 8/9/08, Austin, 7:30 a.m. - Texas Municipal League Region Vi1I Quarterly Meeting o 7/31/08, 6:30 p.m., City of Azle Community Center - NW Metroport Chamber Luncheon — Education address to include Head of School Mark Rosevear o 8/5/08, 11 a.m. to 1 p.m., Trophy Club Country Club - Texas Municipal League Annual Conference and Exhibition o 10/28— 10/31/08, San Antonio, Texas - Joint Board of Aldermen/Planning & Zoning Commission land use/zoning training o 9/29/08, 6 — 8 p.m., Town Hall offices, Municipal Court Room 1111A N I III, I • 0, I 1 t • �;i I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, by Wednesday, July 25, 2008, by 5 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. Kim Sutter, 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. Town of Westlake Board of aldermen Workshop Minutes July 14, 2008 Page 2 of 3 Town Manager Brymer recommended the Board consider amending the resolution creating the Public Art Society of Westlake to allow for the creation of a 501(c)3 organization and the associated bylaws and establishing expenditure authority for non - budgeted items. The Board discussed the need to consider bringing all Town related non-profit Boards under the same operating guidelines. Mrs. Corson stated that the Society will present an annual budget to the Board for consideration each year. In conclusion, an amendment to the resolution establishing the Public Art Society of Westlake will be presented to the Board at a future meeting. Additionally, Mayor Wheat advised that the Board will consider the creation of a percent for art program at a future workshop. 3. DISCUSSIONSTRATEGIC PLANNING RETREAT. Town Manager Brymer addressed the Board regarding the item, and presented the next steps in the stategic planning process. Town Manager Brymer recommended the Board consider adopting a strategic plan as well as a Board meeting procedure policy and a code of ethics. Board discussion ensued with regard to the draft mission, vision, value statements, and key result areas. It was the consensus of the Board to direct the Town Manager to incorporate the changes as discussed by the Board. Town Manager Brymer advised the Board that the strategic plan will be presented to the Board in October for consideration and approval. In regard to the Town's strategic plan, discussion ensued with regard to the status of the fundraising and construction of the Arts and Sciences Center building and best practices as it relates to presenting accounts payable to the Board for approval. It was the consensus of the Board to include an item on all future workshops to receive an update on the Arts and Sciences Center project and eliminate the approval of accounts payable from future meeting agendas in lieu of quarterly financial reports. Town of Westlake Board of Aldermen Workshop Minutes July 14, 2008 Page 3 of 3 There being no further business to come before the Board, Mayor Wheat adjourned the workshop at 6:32 p.m. Laura Wheat, Mayor ATTEST: Kim Sutter, TRMC, Town Secretary MINUTES OF THE TOWN OF Fj July 14, 2008 PRESENT: Mayor Laura Wheat and Aldermen Larry Corson, Carol Langdon, Don Redding, and Rebecca Rollins. ABSENT: Alderman Tim Brittan. OTHERS PRESENT: Town Manager Thomas Brymer, Town Attorney Stan Lowry, Town Secretary Kim Sutter, Facilities and Recreation Director Troy Meyer, Public Works Superintendent Jarrod Greenwood, Finance Director Debbie Piper, and Assistant to the Town Manager Ginger Awtry. Mayor Wheat called the meeting to order at 7:12 p.m. 2. PLEDGE OF ALLEGIANCE. Mayor Wheat led the pledge of allegiance to the United States and the Texas flags. 3. CITIZENS' PRESENTATIONS. There was no one present wishing to address the Board. 4. CONSENT AGENDA. Mayor Wheat introduced the consent agenda and asked for a motion. a. Review and approve minutes of the Board of Aldermen workshop and regular meeting held on June 23, 2008. b. Review and approve minutes of the Board of Aldermen Strategic Planning Retreat held on June 26 and June 27, 2008. c. Review and approve any outstanding bills. Town of Westlake Board of Aldermen Regular Meeting Minutes July 14, 2008 Page 2 of 4 d. Resolution No. 08-45 - Consider a Resolution approving amendments to the Town of Westlake Personnel Manual. MOTION: Alderwoman Rollins made a motion to approve the consent agenda with corrections to the minutes. Alderwoman Langdon seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat introduced the item and asked if Mayor Pro Tem Redding would consider continuing to serve as the Mayor Pro Tem. Mayor Pro Tem Redding agreed to continue to serve as the Mayor Pro Tem. MOTION: Alderman Corson made a motion to elect Don Redding to serve as the Mayor Pro Tem. Alderwoman Rollins seconded the motion. The motion carried by a vote of 4-0. 6. CONSIDER ORDINANCE DO. RESIDENTIAL SOLID WASTE COLLECTION SERVICES. Public Works Superintendent Greenwood addressed the Board regarding the item. Mr. Greenwood stated that the proposed rate increase is due to an increase in fuel and delivery of service costs. Mr. Greenwood advised the Board that the rate increase will go in to effect August 1, 2008, and the Town, in accordance with the agreement, will assume the billing responsibility from Allied Waste Services. Current Date Proposed state Service (established December 200 1) (effective August 1, 2008) Residential Curbside $7.00 $8.00 Recycling Curbside $1.75 $2.75 Total $8.75 $10.75 Discussion ensued with regard to the implementation of the automated cart service. Ms. Jeri Harwell, Allied Waste Services' Business Development Manager, advised the Board that she will be on site during the transition to the new carts to address questions from the residents regarding the services. MOTION: Mayor Pro Tem Redding made a motion to adopt Ordinance No. 597, adopting a rate increase for residential solid waste collection services as presented. Alderman Corson seconded the motion. The motion carried by a vote of 4-0. Town of Westlake Board of Aldermen Regular Meeting Minutes July 14, 2008 Page 3 of 4 7. CONSIDER !. !N AUTHORIZING THE TOWN MANAGER TO ENTER ! AN AGREEMENT WITH SCHRICKEL, ROLLINS1' ASSOCIATES, TO PROVIDE C! !; AND SCHEMATIC DESIGN FOR POTENTIAL STREETSCAPE/WAYFINDINGOF PROJECT.THE FM 1938 Public Works Superintendent Greenwood addressed the Board regarding the item and breifly outlined the scope of services. Mr. Greenwood advised the Board that the initial consultant work will include a schematic and conceptual designs as outlined in the proposal (Section 15. Deliverables). Mr. Victor Baxter, Vice President of Landscape Architecture with Schrickel, Rollins and Associates, Inc., addressed the Board regarding the proposal. Discussion ensued with regard to coordinating the project with the City of Southlake, as well as the possibility of pedestrian walkways and bike paths. Alderman Corson expressed his desire to view the design of the stamp stain, if possible. Public Works Superintendent Greenwood stated the proposed design will be presented to the Board if the timeline permits. Additionally, Mr. Greenwood advised the Board that staff will consider the bikeways and pedestrian trails as part of the Town wide master plan update. MOTION: Alderwoman Langdon made a motion to approve Resolution No. 08-46, as presented. Alderman Corson seconded the motion. The motion carried by a vote of 4-0. Town Manager Brymer addressed the Board regarding the item, and recommended the Board consider adopting the proposed public art master plan with the suggested wording changes as discussed in the Board of Aldermen workshop. Mr. Brymer further advised that a resolution will be presented at a future meeting to amend the charge of the Public Arts Society of Westlake, delineate expenditure authority for non -budgeted item, authorize the establishment of a 501(c)3 and associated bylaws for the Public Art Society of Westlake. MOTION: Mayor Pro Tem Redding made a motion to adopt the proposed public art master plan with the suggested changes as recommended by the Town Manager and direct staff to prepare a resolution in accordance with the Town Manager's recommendation. Alderwoman Rollins seconded the motion. The Board commended the members of the Public Art Society of Westlake for their efforts related to the creation of the plan. Town of Westlake Board of Aldermen Page 4 of 4 Regular Meeting Minutes July 14, 2008 VOTE ON MOTION: The motion carried by a vote of 4-0. Mayor Wheat reviewed the Board calendar: Texas Municipal League Newly Elected Officials training O 7/25 — 7/26/08, Austin, 7:30 a.m. o 8/8 - 8/9/08, Austin, 7:30 a.m. Texas Municipal League Region VIII Quarterly Meeting o 7/31/08, 6:30 p.m., City of Azle Community Center - NW Metroport Chamber Luncheon — Education address to include Head of School Mark Rosevear o 8/5/08, 11 a.m. to 1 p.m., Trophy Club Country Club - Texas Municipal League Annual Conference and Exhibition o 10/28 — 10/31/08, San Antonio, Texas - Joint Board of Aldermen/Planning & Zoning Commission land use/zoning training, date TBD Town Manager Brymer encouraged the Board to attend the TML training sessions. There being no further business, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Alderwoman Langdon made a motion to adjourn the meeting. Mayor Pro Tem Redding seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 7:53 p.m. APPROVED BY THE BOARD OF ALDERMEN ON JULY 28, 2008. Laura Wheat, Mayor ATTEST: Kim Sutter, TRMC, Town Secretary i 1 1 To: Honorable Mayor and Members of the Board of Aldermen From: Tom Brymer, Town Manager Subject: Regular Meeting of July 28, 2008 Date: July 21, 2008 ITEM Consider a Resolution authorizing the execution of an agreement with Akin Gump Strauss Hauer & Feld, LLP for 2008 legislative work relating to the Charter School Improvements. XONT11YUNK., This scope of services was originally negotiated by the Acting Town Manager earlier in the year. When considered by the Board at their May 5, 2008 meeting, the Board tabled this item, requesting additional information to clarify this scope of services in relationship to other consultants and attorneys the Town presently utilizes. Staff conducted that research in response to the Board's direction and found it did not duplicate any existing consultant or legal scope of service engaged by the Town. This engagement, in the amount of $15,000 for the remainder of 2008, would have several components as it relates to the Texas Legislature's approach and policies for funding charter schools. One of the key areas of focus for this engagement will be monitoring the activity of the Senate Education Committee, particularly its charge related to public school facilities funding. This will include preparing testimony for the Town and determining appropriate witnesses to appear on the Town's behalf before the Senate Education Committee when it conducts hearings on this charge. FUNDING One half of this engagement amount ($7,500) would be expensed to the FY 07-08 Municipal Budget and the second half would be expensed to the FY 08-09 Municipal Budget in December when the engagement is completed. RECOMMENDATION Approval ATTACHMENTS: ® Resolution No. 08-47 ® Letter dated 6-30-08 from Jody Richardson of Akin Gump with Revised Proposal for 2008 Legislative Work Relating to Charter School Improvements. RA Willsi APPROVING i OF AKIN t'' STRAUSS HAUER : FELD, LLP FORi1: LEGISLATIVE SERVICES RELATED TO THE ACADEMY. WHEREAS, the Town Manager, at the Board of Aldermen's direction on May 5, 2008 has researched the engagements and scope of services for education consultants and legal services it currently receives; and WHEREAS, this proposed revised scope of services from Akin Gump described in attached Exhibit A does not duplicate work presently underway by other education consultants and legal services currently retained by the Town; and WHEREAS, the Board of Aldermen desires to have this scope of services provided to the Town which will include monitoring and participating in the upcoming Senate Education Committee hearings related to public school facilities funding; and WHEREAS, the Board of Aldermen finds that the agreement is acceptable and beneficial to the Town; AOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF SECTION 1. The above findings are hereby found to be true and correct and are incorporated herein in its entirety. SECTION 2. The Board of Aldermen of the Town of Westlake, Texas, hereby approves the acceptance and execution of the agreement with Akin Gump Strauss Hauer and Feld, LLP for legislative services as outlined in the attached Exhibit "A". PASSED AND APPROVED ON THIS 28th DAY OF JULY 2008. ATTEST: Laura Wheat, Mayor Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney AKIN GUMP MEEMMUMMUNNOMMMEMMM Attorneys at Law June 30, 2008 Toni Brymer Town Manager "I )Wfl, of Westlake Village Cii-cle, Suite #202 JODY RICHARDSON 512.499.62381fax: 512.703.1112 jrichardson@akingump.com Re: Revised Proposal for 2008 Legislative Work Relating to Charter School Improvements Dear Tom: Pursuant to our conversations, this letter is our revised Proposal for assisting the Town of �A'estlake ("Westlake" or the "Town") in its legislative involvement with both the charter school community and the Texas Legislature in preparation for the 2009 Legislative Session. As in the past couple of legislative sessions, the charter school community hopes to obtain favorable changes to state law to allow for more, and more equitable, state funding for charter schools. A Little Background In view of the fact that the Board ofAldermen has changed significantly in the recent past, and the Town has a new mayor and a new Town Manager, and due to the fact that the Westlake Academy headmaster soon will retire and be replaced, I think it might be worthwhile to provide you a short background on the long standing relationship my law firm and I have had with the own. In addition, I believe a little information about my expertise and experience may be of interest. l he town first retained me in 2000, and we worked together successfully in the 2001 Legislative Session. l have provided legislative/lobby services to the Town since that time. The issues facing the Town have varied from Session to Session, which is both extremely interesting and invigorating, and also challenging. We have worked together on: (1) legislation authorizing a non -home rule municipality to own a charter school; (2) legislation authorizing use of certificates of obligation by a non -home rule municipality to finance improvements at its owned charter school; (3) issues relating to Texas Student Housing; (4) the annexation issues facing Westlake and Trophy Club (the 58 acres); 1 ',,Vest 61h 8treei ' Suite 21C)0! Austin. T -X 78701-2916 1 512.499.6200 ; #ax. 512 499 (i29C I ak- .- mp-C,)m t S '=r I t is I a 1: l I_ ? ` mmm Attorneys at Law Torn. Brymer June 30, 2008 Page 2 (5) issues relating to franchise fees a city is allowed to impose on utilities and others using right-of-way; (6) local option election substitute legislation to obtain authority to permit sales of wine, beer and liquor in the Town liquor by the drink election avoidance (because of geography it N.vas not possible for Westlake to hold such an election); and (?) matters involving the municipal court of record (involving Trophy Club) ... and many other issues. Together we have built on and enhanced the Town's relationships with its state representative and state senator, and we have established an identity at the Legislature. Due to the high quality of Westlake Academy, Westlake and the Academy are seen as role models in the charter school community for high performing entities. My Experience One of the reasons Westlake initially retained me was my expertise in special taxing district matters. I began nay legal career at Vinson & Elkins in Houston and after my first two years as a litigator.. I joined the firm's public finance group. For the remaining 9 years of my time at that firm, 1 split my time between practicing public finance law and lobbying. In 1991, l moved to my present firm where I continued to serve as general counsel for municipal utility districts ("MUDs") in the Austin area. Today, I no longer have time to serve as MUD general counsel but I do represent two county development districts, and I represent developers and lenders as a '`MUD expert" in their transactions with MUDS and other types of special districts. I also represent a group of tax increment reinvestment zones in Houston and elsewhere in the state who are concerned about their continuing ability to receive school district tax increments (which are no longer pennissible but are grandfathered in their cases). I am looked at by legislative staff as a neutral source of "the law" when special district issues face them, and I participate in the water district stakeholders group operating at the Capitol to sort through issues affecting the special district community. I have lobbied during 14 legislative sessions, or 28 years. My clients include the Motion Picture Association of America, the Entertainment Software Association (the videogame trade association), CBS Outdoor, the Goodrich Corporation, Plains Marketing (a crude oil transporter), among other clients. I enjoy the variety of the client issues and the ability to work with a large portion of the legislature. Attorneys at Law Tom Brymer June 30, 2008 Page 3 The Fee Arrangement and its Implications During the legislative Session years, the Town has entered into a contract with my firm that pays us S60,000, in exchange for which I work on any and all assignments made by the Town and Town Manager. In the "off years", we have been working under a simple hourly rate billing system. Interim Town Manager Joe Hennig and I discussed the hourly arrangement and we agreed it may not be the best structure, because it imposes a sort of "chilling effect" on the Town, since every call to me costs the Town money. We agreed that it could be an improvement to settle on a retainer for the 2008 calendar year so that the Town would know what the legal/lobby fees would be and I would be given a specific and discrete work assignment. 'Fhe 2008 Assignment The Texas Legislature is organized around standing committees, and the Senate Education Committee is conducting a study of facilities funding for public schools. The Interim Town Manager and I agreed that it made sense for the Town to retain me at a capped rate of $15,000 to (1) monitor the Education Committee's actions on this study and (2) to coordinate with the Town and the larger charter school community to ensure charter schools facilities funding is addressed at the same time as for traditional public schools. The assignment included the thought that a representative from Westlake Academy might participate in the committee hearing and that I would assist both in guiding the testimony and in briefing the committee members in advance of and after the hearing. The Proposal We propose that Westlake pay Akin Gump Strauss Hauer & Feld LLP ("Akin Gump") legislative fees in the amount of S 15,000 for work in 2008 related to the Texas Legislature's approach to and policies concerning funding for charter schools. This representation is directed solely toward the Texas Legislature and not the Texas Education Agency ("TEA"), and does not include any work in connection with efforts to reduce or eliminate TEAs imposition of fines or penalties on Westlake Academy. This fee includes work in connection with the following tasks: (1) preparation of an inventory of all the participants in charter school policies before the Texas Legislature, listed in Exhibit "A", attached to this Proposal; (2) monitoring activity of the Senate Education Committee, with particular focus on its charge related to public school facilities funding (described more fully in Exhibit "B", attached to this Proposal); AKIN GUid'sP STIA S5 I-AUER & I-'LLIJLLp Attomeys at Law Tom Brymer June 30, 2008 Page 4 t3 j coordinating Westlake and Westlake Academy to determine appropriate witnesses to appear at Senate Education Committee hearing on behalf of Westlake Academy and the statewide charter school movement, and assist in preparation of testimony; (4) communicating, with elected officials as necessary and effective to tell the story of charter schools' need for more, and more equitable, public funding; and (5) preparation of full and complete periodic reports to Westlake on activities related to charter school issues. Proposed Pay hent Terms Akin Gump's payment policy includes a goal of receiving payment for our work in the year the work is performed, which means that we bill in advance of each payment period. Thus, under the initial Proposal, Akin trump proposes to bill Westlake for one half the retainer in July, and the second half in December, 2008. In this manner, the law firm will be paid in full by Westlake before the end of fiscal year 2008, for 2008 work. S unnnnary The work described in this revised Proposal has not changed from the work set forth in the initial Proposal. The work is important and time consuming and is offered at a very low rate as a gesture of our continuing commitment to serve Westlake and Westlake Academy. Our main goal in preparing the Proposal was to reduce the hesitancy the Town might feel in contacting the lain firin due to concerns about legal fees. Under this Proposal, the fees are set and cannot soar "out of control" as might otherwise be feared. If this revised Proposal is acceptable, please sign as indicated and return to me, retaining a copy for your files. We very much appreciate Westlake's business and we look forward to helping with this important initiative. Very truly yours, Jody Richardson AKIN GUMP S,1"RAUSS HAUER & FEL,Di.L.i- AUorneys a' Law Tom Brymer June 30, 2008 Page 5 ACCEPTED BY TOWN OF WESTLAKE Bv: 'i itle Date: l'own Manager Attachments. Exhibit "A" and Exhibit "B" ?41,` 0 EXHIBIT "A" Texas Charter C.H.O.I.C.E -- Founded by charter school educators, Charter C.H.O.I.C.E. provides charter school administrators, teachers, parents, and students a unified voice, in so doing, Charter C.H.O.I.C.E. serves as a conduit through which individuals may join with others in showing their unified support of Texas charter schools. Association of Charter Educators of Texas -- ACE began as an outgrowth of an informal working group that arose around the common interests of our diverse community of schools. ACE incorporated in January 2001 as a 501 (c) (3) non-profit and now operates as the statewide membership organization serving open -enrollment and college or university char -ter schools. ACE serves its member schools through the following: Offering technical assistance by hosting workshops and trainings throughout the State of Texas; acting as an advocate and liaison for charters with the Texas Education Agency through its bimonthly meetings with the Commissioner of Education and senior staff of the Texas Education Agency; Providing statewide and regional networking opportunities for charter educators in Texas; and Serving as the voice of Texas charters by providing information to the Texas Z:� Legislature. ACE is governed by a 19- member board with 15 of those members elected by member school sponsoring entities in each region. The remaining 4 members are At -Large Representatives and are elected by ACE Board Officers. ACE serves charters throughout the state through member -elected ACE Board representation in each of 7 distinct geographic areas across Texas. There are 84 ACE charter members representing approximately 165 charter campuses in Texas. The Alliance of Charter Schools of Texas -- This is a combination of Charter C.H.O.I.C.E. and ACE. The Alliance of Charter Schools of Texas is an alliance of charter schools that share a common goal of serving and supporting the breadth and depth of effective charter schools in this state. This includes but is not limited to working toward the E's of Equitable Funding, Equitable Due Process, and an accountability system that accurately demonstrates a school's Effectiveness in serving students and meeting its mission. Charter School Policy Institute -- The Institute proactively provides timely high quality information, analysis, and opinion to policymakers, thought leaders, and key stakeholders in Texas and across the nation. By elevating policy discussions above the noise of day-to-day charter school operator issues, CSPI is a resource for independent information about quality public charter schools. The Institute's efforts stem from the belief that the power of credible and unbiased information in the hands of key stakeholders can influence the direction of Texas charters and increase the 1 of 2 quality of public school choice. CSPI works to ensure the new generation of public charter schools fulfills their potential to transform public education. The Institute convenes academic, business, school, and civic leaders in discussion forums, facilitates and promotes policy reports and research on issues critical to school improvement, and offers analysis and opinion to the media and key stakeholders. The Institute is located in Austin and led by Jonas Chartock, President and CEO. The staff includes a Policy and Research Director, an Executive Assistant/Office Manager, and Research Fellows who advance the work of Institute. When appropriate, CSPI collaborates with universities, foundations, government, and other policy centers in the fulfillment of its mission. CSPI has nine focus areas during the launch of the organization. The Institute delivers much of its content virtually through our website. CSPI will also host live events. Ne.xt�Ste -- Formed by CSPI (see above). The Next Step campaign is an effort to build a mbust, highly effective statewide association for Texas charter schools. The Charter School Policy Institute is providing the forum and process for building this world class organization Texas Charter Coalition -- This organization operated during the 2003 and 2005 Texas Legislative Sessions. It appears not to currently be operating. Coalition for Effective Charters -- While many charter schools are excelling, some are not. The Coalition for Effective Charters (CEC) was formed to advocate for effective public charter schools as a means of providing a strong and tuition -free education for all Texas children, regardless of income. CEC is comprised of high -performing charter school leaders, concerned parents, business leaders, and other members of the community who are working for legislative change in Texas. The changes would provide facilities funds as incentives to high -performing public charter schools, equitable support for charter schools, and a process to close poor -performing charters so all Texas children receive the education they need to succeed in life. TEACH -- Fon-ned by the Texas Charter Coalition and the Coalition for Effective Charters., TEACH will advocate in conjunction with the Charter School Policy Institute's "Next Step-, which is a membership organization. The Resource Center for Charter Schools -- The mission of the Resource Center is to improve public education in Texas by supporting the successful operation of high-quality charter schools. This is done by providing information, access to professional expertise, and direct technical support. The primary goal of the Resource Center is to see that a significant number of established charter schools remain strong, viable, and effective. In addition to daily technical assistance, the RCCS offers conferences, workshops, a website and numerous publications for each charter. The Resource Center was formed in 1997 as a 501(c) 3 non-profit organization by a group of Texas business leaders who understood the vision of Texas charter schools and the significant impact these schools could have on improving the state's public education system. These leaders realized that charter schools may need access to a variety of resources in order to be effective. 2 of 2 1 *114 14 U31 Review and make recommendations that address the state's facility infrastructure needs for public schools, ensuring that funding remains stable, reliable, and equitable. Examine the need for funding adjustments for factors that affect the need for facilities such as fast growth, age and condition of facilities, adequacy of space, construction and land costs and concentration of students requiring smaller class sizes. Assess the impact on property taxpayers of "rolling forward" the Existing Debt Allotment each session, and the change in biennial appropriations for the Instructional Facilities Allotment. Town of Westlake Memo To: Honorable Mayor and Members of the Board of Aldermen From: Don Wilson, Director of Public Safety Subject: Regular Meeting of July 28, 2008 Date: July 23, 2008 100"091 Consider approval of a Resolution authorizing the execution of a Municipal Maintenance Agreement and an Amendment to the Municipal Maintenance Agreement. BACKGROUND Texas Department of Transportation (TxDOT) requires a new "Municipal Maintenance Agreement" between the Town and themselves in order to allow modification to State Highways for the purpose of installing red light cameras. The Agreement replaces the current one in place (signed in July 1994). Also required is the "Amendment to the Municipal Maintenance Agreement for the Furnishing, Installing, Operation and Maintenance of Cameras on State Highway Rights -of -Way to Monitor Compliance with Traffic -control Signals." The amendment specifically deals with the red light cameras. Both are required prior to installation of the red light cameras and both remain in effect as long as the cameras are in operation. However, if the cameras are removed, the new "Municipal Maintenance Agreement" remains in effect while the Amendment would be void. FUNDING No Funding is required RECOMMENDATION Staff Recommends approval ATTACHMENTS: 1) Letter: Texas Department of Transportation dated May 9, 2008 2) Existing Municipal Maintenance Agreement 3) Resolution No. 08-48 4) Municipal Maintenance Agreement (Feb. 2004 revision) 5) Amendment to Municipal Maintenance Agreement for the Furnishing, Installing, A T ,paArtjj7twr7t off importation R',unning Enforcement Carremn 'piigrm j ay rj.,,,,,hts of way Tom of Wesbah-,- De.,ntcm Mr, Don 3 Vulge COM Sude We mcewed our -ecjm-�,,st bct insta-1, iian, ',"IT g— at the "'-)f 17,-- at US 377 an -i Sl -i 114 at cJ cn-i statt� i€ 3. nghts of ,vv,�iy for red light running 'yo"u, air <,. Generars Office has ailed c,, -,on !his issuie, TQOT rna,,. guideNnes for the instaflaIicx,�, cA 'this equiprn3,,!u on le highway Y ,Nle ir.", 01 r�,,)t rf ien with ff cf ig n, )traff,E,., al r 0 T� tsubnniUeA U rash his*;--,wy uhie prz,,,,,,vk,,,,us 18 n onths m suppoOt e use r" a6 c,-,raslhr�,s ;--"It a specoc Otmedron, have or methods have been used to reduc-,,,,ra,,,;hes a-, a kos;,-,',-"ii�on Prior instaH�,,,tioni of oc; --;i f the carneras in tc-- uhe ffg Loc -,int -m of a separate, eli ctrical senA,,,.--e pc-mrt for the .s. ._._€ of BMW sigriing c,'o- stdping W., thf,,-,'Fexa��, mamu�,,fl on, 'Uniforini Traffic i',"T,"MUTCD), Citation data to red I#,,,A for the pc,,isl '111112 rrionths, either, cil Cbme lose hems have bee,,n. INDOT for the (M(sti zA) exem?ad betv,,een, H"he ain,,-! !the State nust to Copies of the requ-ii-reci are for y'cur�n,` MBAs from the (,,urrf,>nt PAIMA vviH updam Mem as needw,11, t -,,vi h xhillbits, t -c", t a ", of p a 0 e 200'-', NAr When ;< � @11mciate YmIr iir-£-t,-'-,rest in, providing safe. efficiena -indf' m-,,',vern,,eni ai -i '�-ei - -t PeW and pou-.:Is <)n the state thighmay systen -, Ft e� vc'� iU"'ict ms. RE- 2114-320-6229, �if ne, dleci, Sincerely., j. D i re c to-, r T ra n s p ort a tio n 0 p ait io n' S A UL,',ich rne nts Mahtenance Mw,-,u'c;'paI ana" ,-)f Carnt""vcas cu'l hg, I'y RIM of Wqy tc',A mi"tor vvi"O','4 Triiffic-c, n'tro_" I 3), Exhsfi�-,,g Agt' Form 1038 Rev. 3/94 Previous versions are obsolete. DHT k 122504 STATE OF TEXAS * THIS AGREEMENT made this day of 19 % by and between the State of Texas, hereinafter referred to as the "State", party of the first part, and the City of WESTLAKE , DENTON County, Texas (population 185 , 19 90 , Federal Census) acting by and through its duly authorized officers, hereinafter called the "City", party of the second part. UMHU&NORMINK-81 WHEREAS, the City has requested the State to assist in the maintenance of State Highway routes within such City; and WHEREAS, the Executive Director, acting for and in behalf of the Texas Transportation Commission, has made it known to the City that the State will assist the City in the maintenance, control, supervision and regulation of State Highway routes within such City, conditioned that the City will enter into agreements with the State for the purpose of determining the responsibilities of the parties thereto: AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, it is agreed as follows: Coverage 1. This agreement is intended to cover and provide for State participation in the maintenance of the following classification of State Highway routes within the City: A. Non -Controlled Access routes or portions thereof which are described and/or graphically shown as "State Maintained" routes in Exhibit "A", which is attached hereto and made a part hereof. B. All State Highway routes or portions thereof which have been designated by the Texas Transportation Commission as Controlled Access Highways and which are described and/or graphically shown in Exhibit "B", which is attached hereto and made a part hereof. 1 of 6 Form 1030 Rev. 3,194 Previous versions are obsolete. 2. In the event that the present system of State Highway routes within the City is changed by cancellation, modified routing, new routes or change in the City's corporate limits, the State shall terminate maintenance and this agreement shall become null and void on that portion of the routes which are no longer routes of a State Highway; and the full effect and all conditions of this agreement shall apply to the changed routes or new routes of the State Highways within the City and shall be classified as "State Maintained" under paragraph 1 above, unless the execution of a new agreement on the changed portion of the routes is requested by either the City or the State. General Conditions The City hereby agrees and does hereby authorize the State to maintain the State Highway routes covered by this agreement in the manner set out herein. 2. The City shall retain full responsibility for all items that affect property rights, life, health, etc., of property owners and dwellers adjacent to the State Highway routes and portions thereof. 3. This agreement shall supplement any special agreements between the State and the City for the maintenance and/or construction of the highways covered herein and this agreement shall supersede any existing Municipal Maintenance Agreements. 4. Traffic regulations, including speed limits, will be established after traffic and engineering surveys have been conducted. 5. The State will erect and maintain all traffic signs necessary to regulate, warn and guide traffic on highway routes in a safe and efficient manner. 6. It is mutually agreed that, subject to approval by the State, any street lighting system may be installed by the City provided the City shall pay all cost of installation, maintenance and operation except in those installations specifically covered by separate agreements between the City and State. 7. It is understood and agreed that this agreement is for the purpose of defining the authority and responsibility of both parties for maintenance of highway routes through the City and shall in no way be considered to cover any present or past obligation either real or anticipated concerning such State Highway routes through the City. 8. The City shall prohibit the movement of loads over State Maintained, streets which exceed the legal limits for either weight, length, height or width, as prescribed by State law for public highways outside corporate limits of cities, except those having proper permits from the State for such movements. The City shall also, by ordinance and enforcement, prescribe and enforce lower weight limits when mutually agreed by the City and the State that such restrictions are needed to avoid damage to the street and/or for traffic safety. 9. The City shall prevent future encroachments within the right of way of the highway routes and assist in removal of any present encroachments when requested by the State except where specifically authorized by separate agreement; and prohibit the planting of trees or shrubbery or the creation or construction of any other obstruction within the right of way without prior agreement with the State. 2of6 Form 1038 Rev. 3194 Previous versions are obsolete. 10. The City agrees that traffic control devices, such as signs, traffic signals and pavement markings, in respect to type of device, points of installation and necessity will be determined by traffic and engineering surveys. The City agrees that it will not install, maintain or permit the installation of any type of traffic control device which will affect or influence the utility of the State Highway routes unless approved in writing by the State. Traffic control devices installed prior to the date of this Agreement are hereby made subject to the terms of this Agreement and the City agrees to the removal of such devices which affect or influence the utility of the State Highway routes unless their continued use is approved in writing by the State. It is understood that approval for future installations of traffic control signals by the State or as a joint project with the City, will be indicated by signature of the plans. 11. The City agrees to assure the grantee's conformance, for proper construction and maintenance of access driveway facilities, in accordance with "Regulations for Access Driveways to State Highways" adopted by the Texas Department -of Transportation or in accordance with other standards and specifications for the design, construction and maintenance details subject to approval by the Texas Department of Transportation. 12. It is understood that the use of unused right of way and areas beneath structures will be as determined by a separate agreement. 13. On those State Highway routes and portions thereof which are listed and/or graphically shown on Exhibit "A" as "City Maintained" routes, the City agrees to provide bridge inspection and inventory data to the State in accordance with National Bridge Inspection Standards. Non -Controlled Access Highways The following specific conditions and responsibilities shall be applicable to non -controlled access highways in addition to the "General Conditions" contained herein above. Routes of non -controlled access highways or portions thereof covered by this section are those listed and/or graphically shown in Exhibit "A". State's Responsibilities 1. Maintain the traveled surface and foundation beneath such traveled surface necessary for the proper support of same under vehicular loads encountered and maintain the shoulders. 2. Assist in mowing and litter pickup. 3. Assist in sweeping and otherwise cleaning the pavement. 4. Assist in snow and ice control. S. Maintain drainage facilities within the limits of the right of way. 6. Install and maintain normal regulatory warning and guide signs and normal markings for directing highway traffic in a safe and efficient manner. This includes school safety devices, school crosswalks and crosswalks installed in conjunction with pedestrian signal heads. It does not include other pedestrian crosswalks. Any other traffic striping desired by the City may be placed and maintained by the City subject to the approval of the State. 3of6 Form 9036 Rev. 3/94 Previous versions are obsolete. 7. Install, operate and maintain traffic signals in cities with less than 50,000 population. 8. Install all Federally -funded, off -system traffic signals and on -system traffic signals in cities greater than 50,000 population. Prohibit angle parking, except upon written approval by the State after traffic and engineering surveys have been conducted to determine that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. 2. Install and maintain all parking restriction signs, pedestrian crosswalks, parking stripes and special guide signs when agreed to by the State and traffic signals in cities with over 50,000 population. Signing and marking of intersecting city streets to State Highway routes will be the full responsibility of the City. 3. Require installations, repairs, removals or adjustments of publicly or privately owned utilities or services to be performed in accordance with Texas .Department of Transportation specifications and subject to approval of the State. 4. Maintain highway drainage facilities outside the limits of the right of way. 5. Retain all functions and responsibilities for maintenance, control, supervision and regulation which are not specifically described as the responsibility of the State. The assistance by the State in maintenance of roadway ditches does not relieve the City of its responsibility for drainage of the highway facility within its corporate limits except where participation by the State other than above is specifically covered in a separate agreement between the City and the State. Maintenance and operation of all Federally -funded, off -system traffic signals and on -system traffic signals in cities greater than 50,000 population. Controlled Access Highways The following specific conditions and responsibilities shall be applicable to controlled access highways in addition to the "General Conditions" contained herein above. Routes of controlled access highways or portions thereof covered by this section are those listed and/or graphically shown in Exhibit `B". State's Responsibilities Maintain the traveled surface of the through lanes, ramps and frontage roads and foundations beneath such traveled surface necessary for the proper support of same under vehicular loads encountered. 2. Mow and clean up litter within the outermost curbs of the frontage roads or the entire right of way width where no frontage roads exist, and assist in performing these operations between the right of way line and the outermost curb or crown line of the frontage roads in undeveloped areas. 4 of 6 Form 1038 Rev 3194 Previous versions are obsolete. Sweep and otherwise clean the through lanes, ramps, separation structures or roadways and frontage roads. 4. Remove snow and control ice on the through lanes and ramps and assist in these operations as the availability of equipment and labor will allow on the frontage roads and separation structures or roadways. Install and maintain all normal markings and signs on the main lanes and frontage roads necessary for the proper use of the facility and direction of traffic thereon. This includes school safety devices, school crosswalks and crosswalks installed on frontage roads in conjunction with pedestrian signal heads. It does not include other pedestrian crosswalks. 6. Install, operate and maintain traffic signals at ramps and frontage road intersections. Maintain all drainage facilities within the limits of the right of way. City's Responsibilities Restrict parking on frontage roads to parallel parking on one side only and prohibit all parking on main Ianes and ramps and at such other places where such restriction is necessary for satisfactory operation of traffic, by passing and enforcing ordinances and taking other appropriate action in addition to full compliance with current laws on parking. When considered necessary and desirable by both the City and the State, the City shall pass and enforce an ordinance providing for one-way traffic on the frontage roads except as may be otherwise agreed to by separate agreements with the State. Secure or cause to be secured the approval of the State before any utility installation, repair, removal or adjustment is undertaken, crossing over or under tl:e highway facility or entering the right of way. In the event of an emergency, it being evident that immediate action is necessary for protection of the public and to minimize property damage and loss of investment, the City, without the necessity of approval by the State, may at its own responsibility and risk make necessary emergency utility repairs, notifying the State of this action as soon as practical. 4. Pass necessary ordinances and retain its responsibility for enforcing the control of access to the freeway facility. Termination It is understood and agreed between the parties hereto that all obligations of the State created herein to maintain the State Highway routes covered by this agreement shall terminate if and when they are no longer routes of State Highways; and further, that should either party fail to properly fulfill its obligations as herein outlined, the other party may terminate this agreement upon 30 days written notice. Said State assumption of maintenance shall be effective the date of execution of this agreement by the Texas Department of Transportation. 5of6 Form 1038 Rev. 3194 Previous versions are obsolete. IN WITNESS WHEREOF, the parti have hereunto affixed their signatures, the City of WESTLAKE on the day of 19 , and the Texas Department of Transportation on the day of 19 . ATTEST: �A OF WESTLAKE I AN Mrlrj'ms,+� =-- APPROVAL RECOMMENDED: District E n r DALLAS District By (Title of Signing official) THE STATE OF TEXAS Certified as being for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order No. /cam (f- 0 -�Z By Director, Construction and Maintenance NOTE: To be executed in triplicate and supported by Municipal Maintenance Ordinance and Certificate of City Secretary. 6of6 EXHIBIT "A" NON CONTROLLED ACCESS HIGHWAY I. STATE MAINTAINED A. STATE HIGHWAY 114; From the West City Limits to the Southeast City Limit (Base, Surface, Assist in sweeping, Mowing, Cleaning litter and in maintenance of roadway ditches) B. STATE HIGHWAY 377 from the South City Limit to the North City Limit (those portions within the city limits)(Base, Surface, Assist in sweeping, Mowing, Cleaning litter and in maintenance of roadway ditches) II. CITY MAINTAINED None EXHIBIT "B" I. STATE MAINTAINED A. STATE HIGHWAY 170, II. CITY MAINTAINED None JAMES HO WE ROANOKE POP 910 114 o :: 5P�\ aP m i,__...__•J "-.� /...� rp�s v�•I5' .r j'- 2F TO N 06 ° ;i 50 3 Taq� DAHMONT / OPS f x rr 4 DALLA : �r �gMoyl ��` PAL To o r F 2 0 r.. °AUus TROPHY CLUB M<tS WES AKE J ° 4 9yAP` ., no 1 922 u ` C .tP Met1.n --- - - -- - --" Poe 165 G Cow r5 �S«t Cemele r cd+ 4eAu �< �, �` `' r• y�tR(H'Hr fly, uNeN(rit -� ,PAPA S.S" . _ - - -- -- 'F ° li ` `�% __ ,�ESr(•A+S f` tp1 'yy+ We L V COUNTY COUNTY 5 I` f I e O � 1 t i ' -i _ G*:�I g � OAa _._� •x� S' �AV(rER - I -r ASPEN 00 Vt . -_ .(Sr —f ,z. ----- Sr _ -- I EK 171:.1V1J r I r AS ANI EXHIBIT "A.E MN If NON CONI'RO= ACCESS HIGHWAYS AU L1'^ 0 STATE MAINTAINED {Base, surface At i z � bridge classifica- StAragR CRC(NWVOO t� tion structures, %IR _ .... .nt 5' t' E RAAOOI o r C rr'Rl drainage facilities, ° wcooar m y i u }- assist in sweeping, o NCAoow x o DBEs) (Awns mowing & litter Q N --- - ,I I pickup), ------ SPAA95.i•_..wEi W 44 V VK`6 z W lARWPO fop($T I C(� rttn�CSWOOD Y. CITY MAINIIAINED None E(AAs $ 7 �tA VENA„!,_.r ♦• 8 � J` � CRO$$(IM (R� JAMES HO WE TR07'H C4UB t r -. : 50 2J i r r--+•t all r0 rte? t +MOntEW G i ROANOKE POP 910 i / p ohD ST �qa 114 �r 11 S' rr. ,r7 2 wf r0 06 S(" rANAq ORK MONt 'GALLA �RMOSA, ______ ___ L _ N: Ile _Ilgsn TROPHY CLUB j" 1 a, ES AKE 19 ` I " ( �"nR r vo0 a _ .. _ _ 1,.a <,a • ac I@5 SEA CQ(Avr 5 G Golf ;W r ,G a-..: • SIA G`'� C- M1P" * y z — p '� t 5(+ArKkf - _`..____ oAAYn 9. .___. ____'_ i 114SnIt t S S Rm 55 O _ COUNTY COUN? Y r' r' O a N .�.^^-- RO AMM[ DOVE 4 ...1 G,t. iI RAwp -e' F•' rr ii •r - •-•-'•-i E$T1A1( I OA,t-A VtN OO Vt \t!r zl t �_ � SPrAAK, 'I MOCrcinCg'RDJ a / I i LegendC. —1 v IA0 �0 Exhibit n- Controlled Access Highways 4"— / a GRCtNWDOD I _. .. . . r q < 5L(LPY HO(mYr "os, OP ID State Maintained R ...... MIII• '2 .. �;y At 4'"MC_J NArtit)l � } I ..T_—. p N Q O C rr Nf ' i 4 rgCROR Y tO ZY O S e a ; tOR(5tI i iVone- city Maintained at( _ MEADOW 4 . "(` o LAn(VH xrnC5WOOD �= I`MAmm III As i CPO SS P. NSIA r Q ! rFr i ��. �. �.� O� <......... h 3 r •�' ...... � Vij iA Vif.. �....... '' 41K'!A(v _... I V.... (A.. �Ar I �.} ,i. � • � ..: � . is . ,i, WHEREAS, the Board of Aldermen having passed an resolution for the installation of cameras on State Highways for the purpose of monitoring compliance with traffic -control signals and the enforcement of State Laws pertaining to such highways; and WHEREAS, the Board of Aldermen finds that the procedures and requirements set forth by the Texas Department of Transportation for the maintenance of said State Highways located within the Town limits requires the approval of a Municipal Maintenance Agreement; and WHEREAS, the Board of Aldermen finds that the Texas Department of Transportation requires an amendment to the Municipal Maintenance Agreement for the Furnishing, Installation, Operation and Maintenance of Cameras on State Highway Rights -of -Way to Monitor Compliance with Traffic -control Signals; and WHEREAS, the approval of said agreements is in the best interest of the Town and public safety 110117', YAEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN TO THE TOWN OF SECTION I. The above findings are hereby found to be true and correct and are incorporated herein in the entirety. SECTION 2. The Board of Aldermen of the Town of Westlake, Texas, hereby approves the "Municipal Maintenance Agreement" and the "Amendment to the Municipal Maintenance Agreement for the Furnishing, Installation, Operation and Maintenance of Cameras on State Highway Rights -of -Way to Monitor Compliance with Traffic -control Signals" executed between the Texas Department of Transportation on behalf of the Town of Westlake, Texas. Said agreements are as shown in Exhibit A. PASSED AND APPROVED ON THIS 28" DAY OF JULY 2008. ry811k`yN Laura Wheat, Mayor Kim Sutter, Town Secretary Thomas Brymer, Town Manager L. Stanton Lowly, Town Attorney Wrn 1038 IPAL MAINTENANCE AGREEMENT MUNICI STATE OF TEXAS COUNTY OF TRAVIS § THIS AGREERN,1ENT made this day c'-4 2 10'8 by and behmeen the ol" "F(--�xas, hereinafter Werred to as the "Slate," partyof the first part. and the CIty cf ,,VVesUak ...... Denton County, Texas (popuffaition 2--,)G`,,i), :�.ly thohz(,��,d offic:.,.,rs, hereinafter he —u - "ensus) acting 1.) y a , Federal C. gh, its -,clu au 'City- paily of the second pairt. W I T 14 E S 3 E T H v-0HEREAS, 221.0�0)2 of the Transr,,ortation Cocle authonzes the�, State, a' its-, d�scr,,,L,tio.n, �o enter ,,,-.greemems with cRies to fix responsibilities fcr suir,�ervision, and req.,ulatio'n -c"f St',"'te hiqh%,vays ,,vithin and thrc,-)uqh the oc�rporate lialits -""",,fsUcAh cmes: a WHEREAS, the Execuuve, Direcvor, actine, for and in behalf of Ui-,e "Fexas has made it' t"o Vv"�--iEREAS, Clhi,-,,-,ipter '>>1 1 of the G'ode gi,,,es, th( ,-,ity excluisive domini.n, c control, and jurisdiction anc- L,�,nder- thi, pubic Weets within. Its corporate 3,r, a u th, o nzes ,,he City en ,, agreerfr(,�� v% , I tc ir te� 'nts nfl-, tne to r contimi, supervision, of highwa,,v's within and through its Jrnits; and of ,d.leterr,�iining theresponsibilities of the parLies v-0HEREAS, 221.0�0)2 of the Transr,,ortation Cocle authonzes the�, State, a' its-, d�scr,,,L,tio.n, �o enter ,,,-.greemems with cRies to fix responsibilities fcr suir,�ervision, and req.,ulatio'n -c"f St',"'te hiqh%,vays ,,vithin and thrc,-)uqh the oc�rporate lialits -""",,fsUcAh cmes: a WHEREAS, the Execuuve, Direcvor, actine, for and in behalf of Ui-,e "Fexas has made it' t"o the cl"'y, 'thial time State'vvill assi,- t in the nown d cperationi State within., City, conditioned -t Citywil! ".,a., of .ha dhe agreements with the State tor the purpose of ,d.leterr,�iining theresponsibilities of the parLies Unc,,,re,00; and WHEREWS, the ('-.ity has reqpue�su,�,,d ',5,taate assist in the. ind L. to highw-,,,.iy-3 such ity, AGREEMENT NOW, THEREFORE, in cor-,,sideration ,,:)f 'he -,,rermses and of Q.e h'iut-k,,ial -ci, the pa,, ;es hereto to be by thm resp----,-ctJveiy krNpt aryl perkorned. A is-agmed as f?.:.. 1 lk"-vi4° Fon, this twat semen L Vie usu of Hut words -Ehate WgIrmay- ,,-e a0l h " ' i vv > ughways that we pau-1, -th'ie St�,.,,te's --- S, stem, Page 1 of 8" COVERAGE This agreement is me ded to «?' �provide, i . �€�r Stateparticipation, ' `ri _ ... �_,€�� , a tce op � �, the era �. �.a.; ��£.atiio ._'f Stat € €IAF 3� ��,<, �.iaP f.; th Access .,. g 8 : h iy 3p rP_ € _. __ s thereof a, ex Fc are =Jf schbed .d,r :,,s tate and OjpieravrF high,,Arays in Exhibit "A," which is attached J, -,,,.-,,- etc, and rx;ade W.s pan i n£v Vit.. Fri,. All State hii3 $ 1 _a pl.`s or ;"ort i1 t 4 which 5 beendesignated £.;ted by �4h Y T.,.. }"i. F S'c�tat. ,moi .. .1 ,3L�`. havej d� Transpartaticm Commission or rnaintained and operat�,,�d as Controlled Access Hi TS °aw;3¥s ms s, ,. .;..;}; t. .t;., .. x.s:""s £..€ ,;€.- i€ ..al gr phk,iC.3s4'r sn:c<.1„ ,. _.._':hibit B, x.hs€. h is attached hereto and madeai part hereof, 2, in the event tlh�a,, the p—sent systern State highw;,,4ys within the City is changed by and �, rF.routes, �_ bvb imaintenanceceb .i, M+ g_h se portions of th.aio, ns `rts� ggf(.�lg ,.„i€,_a 3#i_ highways which arc, no €i<ge:,' on the State Qh air yMem and <'bl.l eff&�,_t n<1 afl hwa-,,,c,4 new highways on The State Highway Systern wiffii�.,)the City; and i"ey shall be a:: Sir_§to Mu tai _ e and Oper,na wr under paragraph 1 above, uP bless the exF,,cut--.,.,c-;n of a new agreeir-nent on the changed or new portions of the hig € ;sa„ .E e� .F �_� fed .y e i .. iE; City o theart, . .... ._xi. i.,.3_s that .. a pan, n,. of this a..agk.. <t_, s €ybe exch.,cing-.,:�cl with -oncurrence. Additional exhibRs may also be added wittl, bolh parlties written woi a resFaoe, GENERAL CONDITIONS The CRR 3✓ufh r<x. d. s the,' State o maintain arid oF .a.a€.e the State to 4 icy, i,Nay Y covered by Ws agmement in the manner set out herehl, 2= This agreement is sem v- _ the St;teand s 4<CCityonly,No person ar entity mav . nir vasza party beneficiarystatus aindir this contra, t ar any Efits provisions, i� � wpany n pan sue for injuries s ro Iry x -darnage under this , 3,� agree°rnent is i P e.Y<€ purpose rpiseofdefining the authority - nd .nesponstas:itx yof both .a.es for "a_ ea.3<. and ruerae__,Statehighways .h.u<F the altThis-,,. � € t s , , i 1 `. fry_ ' : z w n--2 .int b.,€ % k e,w . i 4 `.: State arid i d t �.. €...F : 'f §�sx a i,�f� fit,=:1. .. <: Fr�F"�,r.. 4.�>, E any 7=. � a e�s �,{t ,k..4 _a ''s _ � x..,. the mr<at ',.e:s,"=`.G"5! ace, oipefation, and, "<r construction o the Statehighways hways . ...i.; in, and 1.i[s ��b?a�t �r Fai, supersede asy existing ae.=st Mai`Ce. _-, estet tsr ,, 0aflam, , including speed iinnits, wil! be established -.,nly after traff"k,', and r gin 4,'�st die,have been � by ,. a S=rc�, =�ea�a rgprov { y the State nd rnaicitatin, all traffic, signs and associated pawen-ient rnwrkings necessary to regulate, warn, ani, -J guide traffic on. State h.ighways the right way except as, mentioned in this paragraph and iscsvvhere iri ihi, agreeirner,,.I- At the -Wersechons of off-systerri af--lpro,--iches to State highvvetys, City shall i.,-,saali -�ind iT �.a'nt, in all stop signs, yield s4c yns, and -inie-way signs and any nec,,,,ssary slop, a< ieJ,,,;' bars and pedestrian outsidle the main lanes or outside -the rontage r ads, if such exist. The My shalf install and maintain all street name signs except far those, mounted om State maintained traffic signal pdes cw arms or special w,-Jva-,nce streel name signs c -,in State riqht-of-way, All neii it installed by the Cay on State Qhkof-way AM acco or excee� the latest State breakawa-y, standards ani..-.� be n rdance vvJh h Un.'fibi-no RaM VMS` Devices, latest Wor and revishun. AH existing exa, nual �v Qns AM be upgraded on,on,... rriaintenance replacerrent basis to meet these reclukernents, i" ai ! - high -r- - i ', Ital , by 6, suble"ct to apprcrv,� hy the State, any Stat�.---- f iway ligh-ting systei � may be Fis aHed tht City provided the City shaI'll pay or o,,'Uhienvvise, provide for all of instailwkiicn, manVeriance, and opeiradon except in those in stalla t ions spe-cificalls coverer] by separate a,--,,n,�,.,e,nnents between the City and State, 7 The My AM enforce the State laws gover-iing the movemei-J, ,:4 h', -. ad's wnich exceed the legal linnits for ojF k--,htlength, height- or vviiofth as prescribed by C-,hapters 621, fE522, and g 62,`,, of the Tran.sportat ion Co,,Ie kv rublic hyl-imays ourts6,-,,,moor:,,rate lirritts, of cis imss. The Chty shall alsm by 'au -ii -1, prescribe and enforce iiz)', er veight ls when 'ietUally agreed by the City and the State that such restrictions to avoid damage to the highway for traffic safety, The City shall pr -event future encroachn,ents mHon the righf-of-,,�siy of the State hJg,!hv-v,-,-,�ys and assist in of any ywesent enc roackunents when requf,,,sted by the State except whe�re specificat".1y authorized by sep, rate agr ement and prohibit t1e planting of trees or shrubbery or the creation o"', construi,-tion of any other within the rjght-of-tiA,,,,,iy ppi-c 'faviI -ig from thie, State, �vitht-,-)ut prior a , ival, in riut 9, Traffic control devIes such as signs, traffic signals, and pavia..m,. rt rnan<ings, with re pact to type of device, poinits of hristalkhon and rmcessity. will be by traffic and 'a, -,,g studies. The City shall not instail, maintain. or oermit the inst Iitation of an, .�4n,j , --ri! type .-,f traf,"Ific control device whicin,' will affect influence t1he uise of S,e highways L,,.,nke��ss approved in by the Statc-,-,, Traffic .control devic-es installed prior to the date of this agreement are hereby m�ad-e, suibject to the at of th,,,5 aor ...,eernent and the Cit, -I gr f., he rmyovaj of such affect or tne use of State highwa,,,,s t -o P .-ini-F,cs {their continued use is appr,,,,,vt,:,,d in vmiting by the State,, it undeistood that basic Pro � I's b- the State or .as a joint pr,,,'.qect -, Val for future, ins"allaticnis- of coritrofl signa Mh the City wili be indic-,3ted by the propet, City offici" i's signaztuire on :. title, sheet -),f 0 � le t r J'Ie plar',-s, Bic;-th, P r a I t signed b-, artAs should retain a copy of 'the signed fltle sheet both parties -'ar-knowledging whircinsignalized are S' £, d by this Any, special rNIUMEemeints not covered within �his will be covered u undft,,-, a separate agre ,it, 10 Nevy constnucti r-.,, c -A si-,JJ-e-v,,,,,aiks� ramps or other accessibiMy n,,,Ibated itern,._h.;...I ,kviffi Current ADA st-in,.-iards,- The city is responsit)le for the nnaintenanc,,e of these ""'Itenn".", c that ha to and appre wed by the if the City has a chkeway p �,nrnit prf s been subr'nilled St@U,�- thE,1 City Wili issue permits ft.,,r access driveways on State hi,,,-,, 3y r(..'iutes and vvi!l assu,re the. grantee's, for ygoper installation and maintenance of access drive,,vay facilities, with either a Local Access Plan thzt the City has adopted by ordinanice. and subtnitterl' ik,-, the State or, if the My has riot adopted by ordinance azr,J subrn.irled to the State a Local Access ,x. an' Plan, t1he Slan�,,-,-s "Regulations for Access Driveways to State r1ighways" and the State's iVilanagernent, lkllarival, If the, Chy does not have an approrved cfty-wide drivevvay perr-nit process, the State 10 ISSUe access diveway qwnlits on State highway routes in,, acconjance with the City's Locaj Acct,,,,,ss Managernc�nt Plan., .aci opted by city oi�,:Jfinan,,_",o and submitted to the State or, if the City has no, ad,(_,?pted by ordinance submitted .'I Local Access Management Plan, the State's "Regulations fcr Access Dnve.,,ways to High%vays` and the States Access Manual, it Tne use of unus,, d right -c -.f -way and arreas beneath s w1l be --deterr%nirie�..,.', by a sep,�,,,r.a,�te agreernent, NON -CONTROLLED ACCESS HIGHWAYS Th"e Following specific conditions and u,�,,sponsibilkes shall be applicable above, Non - ac,c.,.,.ss State fiighwatys in ,addition to the "Genera! Conz.-Ill. controllec-1 access State, highways or portions Tereof cover d b -y this secfit"m are those list.ed av-vd,,or g-,iphic.@Hy shown 0 Exhibit "A." State's Responsibilities Non-Controflecl Access) a ,th such traveled surace necessary Maintain the traveled surface and f unaficn benea for the propet, support, of sarne under vehiculax loads ericountered and n-minta,!n to shoulders, 2. Assist in movving and fittepickup to suppAernent City resources-, when th CRy and 1 Skat�,, rescu.rcE,s are available, ,e.pinig a.- d otherwisi,,,� deariNg the pavement to supplement City r.esourcw,-,- Assist ii sw,F w%- retqu, steliby the City aru,,! if Stualt, resources are available, 4. Assk in snK ankd ice contr(,,)lto supplement City resources wheri reqLiersited by the My anid, e. ,-, - if Sti�ite r�,�sot.,,rces are ariailabl vi MaKain drakage facibUes Mhn the limits of the right-of-way and State drainage -his does riot relieve flh,�e Cifzy of its responsibilit-,,., fcmr drai a�ger of IN Sla, a- iements, I r e mt&, hiq l* "Iriw,ay fac"ility 'vvitt n, il"s hrinits, inst"I", maintain, and operatei, whien required, normal regulatory, w.--_,,rning �ind giuide - igns and normal markings �,except s provided under "Generail Condifficris" in pau,-itgraph, 5,), in cities with,. less than 50,000 populaiVion, this also includes school safety rile�vkce, school crosswalks, and' cro5sswalks installed in conjunc.'lion -,vvith ped€-,,svian siginati This does not include ottier pedesitrian Any trafhc stdrAng desired My, fthe,, City may be, placed and' the City sulbiect' stal�c" 7, 1ristall, operate., and in�airitam traffic Ognals in cides with less, than 50,000 population, 8 In Mes equal to or [yeater t'nari 53C]"000 populatim the, State may provide for installation Mced in whok,- ,;r in part villi -aid ., traffic signc-fls 1.vhem the installati,,�ri is fintan funds if the it agre,;s to enter into an agrr__-en")e`fit setting the resj>f'iis1b33rtitw, each pary,, City's Responsibilities (Non -Controlled Access) 1 Pr-ed-iibit aingle: parking, except upon wntll-7,m approval by the State after traffic and engineering stu-dies haive beer,, conducted determine If the State highway ii`f sufficient width,, to penrnit angle p,, f*in- - ithout interfering with the free and safe moverrent of Vaffic. signs, pedestd, n crclssvvalks [ex,,ept as install and maintain all parking; rev provided in paragraph 6 undeir (Non,--Conhalled Accessy], parking stripes, and special gwde- sign's agreed t-, in writing by the State, CAL4,,,,s greater than or equal to 50,000 population 'vvill also install, and maintain, all school safety devices and schooll, cro! swalks, of fintersecOng city streets with State -h e fiulll Signing and maho.�ays will be th r sponsibility of the City (except as p,.,Mded iunder C_,onciitions` in para!,j,,,r_ ph 5, Require installations, �epairs, rernowals, ot -aidjustmi nts pul-Allic,111y or privaU,_�hy e d f'l 'es or senAces to bE , -ormed in accordance sit Texas Department of u t -1 it i e pertc Transportation, specification.,-. and Ku„_.iect to approval of the S-11,ite in writing. 5. ReMin all funiction, and ri_,,4sponsibilitif,s fc,�r , aintenance and operations which are 'bed a� res the --� assistarice, by the Stua-tt "in -pecificailly descri _,ponsibility of * e Stat.,-. Tl,-,�_ mainte,nam.,,,.,,-f draina.ge facilities does not relieve the City of its, responsibility lfor drain,age of the State highway facillkty within is .x.r linn.d, except, where padicyabon by State is pet., _i., _,-vered in a separate agreement bevvveen tht_- City and the State. 'han 5i Instal'. maintain, and operate Ed! tra=y signals in cles equal to oir npneaU-,-�r 1 0 IF 0 pi-,,,pulatic,,n, Any -varia.tions will be handled by a separate agreernent, 7 P4,,-rform mowing and litter pickup, 8. Sweep and othervvise clean the paivement. Prforan snovi ice control, CONTROLLED ACCESS HIGHWAYS The following specific candlans and resporsibMes, AM be tc-railed aCCE. S _, highways in addition to, lthe "General Conddbn?' coMaked, herein, at_)cive, ,`,.ontroj1ed acces, Page 5 04 -_ .w.ra.., : i S.V ,I s .,. Port, i2t� � � , e. d ecti.�i M , � t e:> , t .. .a, - ;} .p., € lc x.iy psi .z r :hibi x z : i } State's ResponsibikNes (ConholilledPaces) iele _- t i�_,�tzein ice. � e� 4 xug saxf x.'_a.- o the, ''moi .'i....3gh if-ai.4"s. rarups, and frontage roc.F..as :.§ .._undintii.n beneath >t.. h traveled _td .a -...e 1e"..FessL,r Or t e i,.,.}p s,.a 3.J;)fit wa?€=,f': Mow �` _ ntll Vii'.. ;ji=-moi€� the W curbs the _,. r, s �� p._. ._ =.p, >_. is .<_ ..- �. �_..} t _r _ a, ,alp_, - _ l .��_, � �> _ >a right-of-way vovJIth rhe no frontage roads exist_, and is ..i in pert rrr-,jr _i ?w� ` operations betweenw€e"the " 'L way line and the :utf.,`rnsL rrf,b or „ra n€ine ,f ti frontage roads €.-S undeveloped sr>. _ ... ..., ,ra._ep an !t......iMse clean the t..rou,, h, lanes, rai, p^:.. `.,ep:.:ratiio ;'st>u-c- .s^_a, or r€wa roadways and frontage roads, Remove sn, w and control ice "'u, the through lanes arid and assist in theSk,- o'.fYlto_ _s ,��availability �o egfw:t, and € ttr will r'~�on the fia..F.iiite roads and gradle, separation structures or rocidw,iys, w �:.xce t as provided Under "General C o<,dirions<s in par 'gr 1p',` ', the State will st all arid (it-,w-,taiaJ! noamarkings and Y s. including sign openntibri i applicable€the pnaarlanes and rr_ ctiy:,: roads. This involudes school safety due _. ._, o,= crosswalks. & and.... rt3.'J i„i ;.`?a';,:tE*=,., installed ;,,fig? frontage .,. _., �,�'..;_ .i, .. ._„�iir��tiy.�i: with pedestrian signal heads, it k... s not include r Uh r pdest gats k i` stall, t.:"r%i yv i'":`•.¢czittGin M7•,;a..I-_ signals t`e,?}?` and frontage -jn�ess covered by a, sepafate agreement. . i. i<ai€ hair all dr airiage' facilities within the firnits of the i€ M- ,u;ay and Statedrainage easements. AN 4.+L, ¢„ s not reliev4 e the City of its, responsibility N W3. azg e of Ow highway lily within in its corporate limits, City” t i nsol Access) - r- nibitby ordinance or resolution and tthrc,,ugh enforcernerit, all parking or-, froritage roads except when parallel parking } .,.}i€., side is a } ri.�ve,' by the S:a€.e is 5 LSf6tin ... < P ii t e parking imain Prohibit lanes � �� ramps 3�u:T atsuch F�Ya:. rplaces where such ..+ r>e3, r: for restriction ia, '��': �- sal C F F S pA Y i. E € C_t'itraffic,4 s Y 3"x � o c€ 3 as �..<i ,'�. ._ i.ri -t x ., ..< ��. .. .F., � € s i,>zr 7_ _ G'§P��a. t „ Tg t and other 'L 1 3 riiat ' action "a Yf`- C i i. € � full iW _`i :f'i'�`e �i .. i..akit.ii4{ - �;p si- i,>� _ .3 _ ca......siAi.. a_. - .i_ <:C'a. y f 7, fi aS i'; is*_.ri.4,nt i sus o € parking. current en i` id e.3i£ desirable T both the ky f --;,d theState, the it i•ii pas, arid enforce F -in or .,?-,.ay pi„ idi i g t`} t ane -way ,a µ ic. €3 the f cx. y e ,Yd except as I` a bn ,o .tt se ag ed to bk separate ayrer-mient,z k,i#h . tilt..' State, Page } ag> e,,,-,ure or cause to be, the appro—, �! the State any utility installatknn-, 'J, a - repa44 removaY. or adjuslrrient is undert.,a�ken, o er Lind , ver the highwa,,i or entering the right-c,,f-ivay, ilr-; the event of an conergency, A being evioek Was', in,"an't.-,diate actior, is necessary for prot�, c.ti;cm of the lic and ro, n-iinimize prr.-,pterlty 'hi. ity of a ,:, , no loss of dwesm,'.o., the ciiywith�out k necx,,ass, appmiai by th may at Us own and risr, make necessary Ennergency utHity repaks. notdon',g, as State of this a,, -,tion as 4, PaSS neceS- ary o n, a nces,nes.,,)1 u bons and Mad Its responsibility for fline wintrol of to the expressway.ffreeway ,xf n ' parking restriction: sync pedestdan ,:,rosswalks 5, Install al" n- boned above i para ph 5. _1.=€i- 'State's and parking stnpes ent r agraiph I.- -vinen 1, N) by the StMe in vxibng. Signing ,and marking of �,,-,,Jty streets to agr ed State t-Aghways shiall be the WH ria sponstibility of the Cfty (exc,,ept as dis,'-,ussed unt"Jer. TERMINATION All c,,Ablyations the Statt- oreatted heren to nnaintain and operate the Sl,,,,Ite covered by thisagreennent, shall ternWate 4 and when such high%v ys-,, to t,e offic',ialry ,,,,n .:?5...{,, E- -H,hway syMem: and k,tai w s' g; ,,-ither party fa -fl tc.", )r peril, f-,"'llfilk its oblig,Itic:}ns NI , f �, -� u-i-Ofin4ed. the War paky, i -nay tear r,,inate this agreemeint. 3-0 days written notice, Upon zermina-kn-,,, all and operatioin, duties on ,can tce 1 led access hjhways shail revert, to re.--ipf-msibilities. in, accordance vvith Chaptc�r 311 of the Tex�,--s Transportation Code- Thv may,`_` .,3_e sih-affli, retain Ed! State hiahways ir. with, the orov�sioris ol, Cna,--,i-usr 203 of the Texas, Tr,-'tnsoo,�,afion Cot, e. 23 Lkited States Code 1 116 th, hntersla-_ tvlainten..,;,n-.e as appmved by the Federal Adi-ninistration, in accordan..(,--,e vvith 23 CFT--Z 635, Subpart EE Said State assumpticn., of �nai-ritenance and operations shWl be effective the date of executio,--,� of this agr�,.,.eme,-nt by thr,; Te,xi-as Department of Tran,-�.,-portationi, IN WITNESS WHERECT ,, parties have hereumc,� _x fixed thei-ir sgrtatures, the City of 200M an( the TexasDepadment of Transportation,, on VnF"", (lay of 2008, ATTESP T`rff S'TFATE (-')F TEXAS Execulted and'! -,-ippro-,,,;eo for The Tex,'is Tn'-,,-nsportation Cori',,mssion, for the C 1 TY UP- and of activ'ating and,or ecarrying the -,,-:�rders, -ind poik,',tes or irk, progn rns approved and BY authodzed by T,--.xas Transponati-or, commis, ion BY Disn-k-",t Drigineer Cafl�as District The Texas D(--,pa,,-,rnew of Tra n sport, a fi(an, tht.', iniormation tthrough this", lo'rn-", With fiaw �'mr.,,apt ions, you, wn,��-< entifled on request to be inJorn-ed abo,,A thic-, infiormation tthatw-c,, collect abcwt you, Under Sections 552121 and 5f 2. -')2, of the Texias Government Co6'',�, y,' -'.,;u also are enbHed to receNe and feview ihe inti o.,rrnation, Under 5,59,01'-14 cf the Code, you one also enUtled to have Lis correct of about you turiat is, im-,,wits caH 511416000' NOTE: b -! exeaded in I U j) 1 i t e and syup port e.iJ t:, y Murfl-- i p Mainten, nce ORImancUResobution an� CiV- Se -,r(' ,� e-, -Aany Certificalte, THE STATE OF TEXAS THE COUNTY OF TRAVIS § AAAEmamen, TO mumcIPAL MAINTENANCE AGREEMENT FOR THEE FURNISHING, INSTALLING, OPERATION AND MAINTENANCE OF CAMERAS ON STATE HIGHWAY RIGHTS-OF-WAY TO MONITOR COMPLIANCE WITH TRAFFIC -CONTROL SIGNALS THIS AMENDMENT is made by and betwt",en !he State oi` Texas. thr` ,'j gh the Deparunent of her,einal"k r called "Stateand V�-- City -c"�'f . . .. ..... hereinafter caHed the -Cityacting by and through its duly authoriz,--,'x.'t A/ ITNESSETH WHEREAS, the State owns and maNtIns a svMeni of hiahways and roadways in the CO3 pursuant Cod WHEREAS, the State and then Chy exeaded Municii,',,,al Maintcriamct WHEREAS. thCRy has requestpermission to it stall cames on state high%�v;ay rights.-ol- ��'Iy to modtor comphance vAh trafk-corArol signa!,,-,', here',inalter referred to., as "c.amensn equipry-ariff', at the locatioins listed an EKIR it attached hereeto and made a pai-t of hiereof; ',izd WHEREAS, State has,,Jetevmined that w ",,en the Cily'si , nstaflation of camera moniitonin'g equ,ipme.,nt -wili not damage the highway facility, impal satesty, impedle mnainlenan-ce, 01' in ,,,inyvvay restrict the opf--,�ration of the high-vvay, , the pr,,o,,_)osed camera monitoring rnay be Q the CRy or its contractov, NOW, THEREFORE, in, of brie- premises and of the rtnjtuai co,-,iarkts anc agreen-,enfs of the asarnies hen, -, -,to to, be by them respecbvely kept per-fon-ned as set fo1h• it is agreed as fofl1'k,_-vus: AMENDMENT ARTICLE 1 - CONTRACT PERIOD :m by the State and shal,111 if-erriain, in t as mm"- J--iient becomes effective on final ,xec.,,0?_ ong as said carnera rnionit.,.".)ring equipment is 41 operation at the described 111oc a tic, ns, ARTICLE 2, TERMINATION ih,is arnene,'Iment may termjnz;"it """"J", t""ynne of 'he, following onditions: 1 By mukial agreerniem of bcth parten 2 By the Stat(',,, giving notice to the (;Ry as consequence by tht-, City its, to tht andi:.blig�'-'iti(„ns set, fa.. ?TE in this wJh pn:)per ail, wanic;--'.?, ,_$`ide fcor circtvl)z"tJances beyond t.h.e the CAyor Is contractor, 1-1he State s'vvriftf"n nofic'e to th, (izy shath desr,;,in' e the dfefiauil the, p propc,-�scd terminabcai date. if the CKy cures the t date. the propocieJ1, ti,,'.r.-niviation is ineffea ,','.five: AAAA Ampnompw Pnns 1 A 4 u, c. i. j �, t 2 4 2,_) 0 �'J, 3) E3y e4her pany upon thirty -,,,,30) days notice to the uArier. £',..., 'atii_a=1 s1? €hi s �a,:� ..i d,�€ € F_€.�s: 1z_#t r' �`° t at��s, i. t� $ �' a€€'.,: s9at3S Thi x €.l#'.t;'?W,#.,.,._Agre�-,m.-er)t between tl'ie State al -,-d the City, ARTICLE 1 COMPENSATION Nc,,shall be p�,,'iid for this am.endrnent, ARTICLE 4. PERSONNEL, EQUIPMENT., AND MATERIAL A. The Clyswill use labor an;J �'.s itf r9f��it _ personnel n,,,e emp li, 'Y '`=`d directly ct by the Cityor its t.ortir,si„. or. and use i d owned or contra£_tor owneds ownedmachinery. f. 3q.sipmenit, and vehicles necessary for the w,.. -.11kin tete event that the CAQ or Rs W nti at, t .., 1 les not hiave the machinery, z P f ` . necessary r � r, rfio the r�,r {w.�-a � 4 z � and �-a e #.�..€�., and ,,{... �".. �.,..€e'�� i -�€ p..y,,;y .;i � c. ate. work, the ,��,..i�•a #, >._a ..�..�LE �.��f,'..s SE,x ��£.*.,.a No o r� h'��€ s �- `- a' '_ p{._.t'`�= t€..it an rna5tf �iu.ls supplied ,-day the ts� `aP .its contractor, �. �� . _ 1 ��.��..i -„int _ �:�_ _ "" t nt- s i 'c `r- t r r „, n i. & o ^� & n � .t t€ -� � t due ;: a= ��{,.�� .rfr;'€�.�. _�, .;€z_'�..�.l,r� ;�, �.. s�,t#,,��;F�ti__^ti s;> the 1;��f��8��' € { w.> ta. i� �_ �.,g�.ti��P1"��t�� ,�t� _.. rf,-,,,.,,onstrur;tion or € tt inat=t.att of the intersection shall be performed t,d ? >.e, itt3 at the Cit,,,. -"s ai en€ ,'W e The State, will ,vork with the a,,iti to., provide a(Jequate of any rl tilled x< rk to Trecessary or D', Ail installation or -vvork perforriled by the City o. its #.:'._,mi _ q ac, i . eqii£ring traffic .-h.77t6 baccordance� { .a l p„eff-,-,{'I re,' in orda F. th tt r� ex aa�, d�.:.€a�rttta l or,' €..,.nhfo . f �rC_a f3e,. C2_..tno _, xs4 ARTICLE V INSPECTION OF WORK A. he C ty- or As contractorBr fUrTI3..?h. t ... �.: t it-,< , a.. o m. fete set of design '^`f.,.a it sg�-3d. installation plans .a.s t' . y,.�s .f'..a , e inst..allation Qns ,s i H include e ...a+t electric'—_€i, {, lectrl, ni- M`, signing, \.<S'Y#£ and pertaining . t irg t! RTc .e" .s { 0e Store t'es w.ke ve .. the tt h, its ,ritspef .. and request :,sb m#,-'{a,i,L:.M`,i ,_n of .a'•6 is c'§m i... t`. a t`r, 4s3 3 € rs..:� r f, fife': ent under this agreement both prior to and after installation,No t z 1 ic.'n ; occur E the State has a4,t.-. V a ..a the proposed s t nst ` lation, C. ,-'£ s, <..,�'z', re ser,,,'e s >the right to inspect ar t app ... ,- the completed{',°,��'3=. �>t _i t'•�?. The sStU,.B..: will p -v.. t y tii`sc the .iii €i. 'ti``' ,... { F#.t ..,;..i>...is f any,Zi,0s.Arec o m, .. ftry'i'x, - t" ois €. c,zho....,; a,.d the, City or Aso{ _i".;,.. . will take such sn.„az.�2zt=av'°^ '..,..��.�..,s.�} s_. ,..4_.<i.a'=, .. �.>>.,p. F.1r_73i -s tel s ..a. t�.#_a.� ..,F,. t�` s and 3s'{+�,� tall N.iti:.w $ . aJs<_,.§.,�.yiiures without dela', ARTICLE 6, RESPONSIBILITIES OF THE PARTIES The b_ c,.'yas t a ac. a .` r . atr.* an age :'--, 4, js..?i's,oremj Io, eze . ..3"'e .xtha>---' party and eacil : party s i"�, s ° < ` - `� � a � `5 deeds L, � t v s 1 z,'i s the h. a a. � s ai deeds e' ,. f� .fig .��.;, �t � _ r<�w. �' � . �_ .�,. it€�=>..��..a:'�� €�.t� a. �' �� .��t ., ��' .,_f rs,i n v -actors, c;3 tpa M''y''s; rti'p Y ac..f.,. t� c„�ti'�d �`<"°.`?. tIS„z i ;.� { t'; Z, "a„`sst"�,at�� .,hal _& }, .te �€+t",`ld y€''".'3 �,. L.. s�`�i¢..a� x ,i.'l .. the operabon (or ion L.xi, e-'ati n o the camera monitoring equt -pmerlt.orfor any ..'tfeot it may have. ..µ`ti, City .,�€t_z§,, al.a�x�7 fi., for an ,% .,ia.ig`,.F t°'tc,:. may occur stat- c , ipl ,.. n . .er.lt ;.r[ the iristallaticm,, r� Vit, i i f ri the Y ,;M.”{, it •-, r -r ra a.: _ i ,_. en ce, _s ,,pemt._ _ . > _,_al era f.i�... .a?_a equipment. ,_nt. ehe ,t4 .a`^'.' w ie ps s nai ..w =l "a the =. c."=t t4: i..,a ..}4<it .tl,,. t3 n a N4„i ....ttpa.' a t and _t related if :^,a,g'tr :a t .`-y},. C xL t"z, ilig order t.a_#: ARTICLE 7- E- ` O O CAMERA MONITORING EQUIPMENT The State ,a,.>" _ rvte-, 'he ,§.,#i t t,,,. >.,,#si,onnt-,'_cf, and remove e1za.3it.�=ttt€.i}.''.�a.. ,.. t t�':°. y any ne- 4 S t. T: i i t. e l ..t',r,c7. �..��.at a t< ..-�{t t ��d 1-..= a.,� a era, ��z.z€xtSJ. tAl ?rE Pace 2 of _ - .,p.: t, €.tiaa`,r s. 24, C-0, rj fl di,.-activatior -ie camera rnrnitolinq -quip- ent . I'Upon, correction of the the city, rn,iy rei,;onrie,,-;t th,- carnera mon4c,,ririg eqf,.iipment, ARTICLE 8. INSTALLATION REQUIREMENTS Citv or Its contractor shail ,rn'sh and `,nstal' a" o,,,wion-fent relaied to the carnera rnonitoring equ-,,,..'inn e"ni Ii-staflation, 'l -his inch ,dm b"' 'is 1k 4nniter,11 to, camera -eqf,?jpi-nent, carnera- housing U1 ":m--, suonortim.'i slrwcture, intersection I ghfing, vehicle ,election , ysie-m. commun. d eouip-ent, electrical servicand connections, roadway signing, and anyinterconnection with 'the sign, The City,,,,,., conuar;tor wilil he responsible for a"' power costs associated with the o is carni.,,,ra Iring equip ien ; ff s i c i r I al e qu i p rt ) e n 'I s h 1 e ,op T i a I I o t I ry v s E , S c 'I as ay,,proved by the Siate andd -.,no" not affec,Bh- operation of any, c-ornporient he trafik, including both ffi�p- -grial controller and the conflict management fJH,-1fl ARTICLE 9. REPORTS Upon writtein r quest, the Citv,,,Ivill be r5equireed tc, tile State with data related Ic the operatk f, ARTICLE 10, REMEDIES VVadbn or breach of contract ten is bv the Citv s- albe qrouni s p4ifn - the d -e, violation, -mr-"er" and any inocm -ased cost z,,irising f rom V, e City detault- b., --ici, of contract, of tc -ig i' i shall be naid fOr bv thte Citv. This arriendment shall not be consider�,,�d as spe,�cifyi, , .,e excluswe remedy for default, but all remedies existing at law and in erpitV, rnay be a-v-aile.,d of b,V either 1p.,::,fty and shall be ccumulathve, ARTICLE 11, INSURANCE Befor�,,, beginninn work, the er-itity penorrn-ina, the work shall provide the State witha lull iexec-uled "ht n opy of I State's Form 1 ��60 Certificate of lnsiran(.:-,e verifying the exisence of cove,ra,,,;e in fl, e a' an, -4 enti' as working I_,,n, 'he Ce ti a'e o-' n u an - a I L - , , � r " , 'i --n,wi� --s ax types specified on, T r Ic s r ,✓e to, H n, --r 1, State Wav is S'ae 1`0,0 of wa,.,,. Thisi.,overage shall be mairftWned until at'lworkon H right m of wav sh_��,Wl cease immediately, lf, overavae is not maintained, afl woik oil S"ate ARTICLE 12, SUCCESSORS AND ASSIGNS Tlrie Cily shall riot assign o-,,' ottlervose t a e r J or, obligations under this amendipeW ,,,v'th the prior wriVen consent, of [be Statlf,, ARTICLE 13. LEGAL CONSTRUCTION In case any orie or rnoriL-,? o"' tf)c,,,contained this agreennient shall for any Irepson be b ali, invali-Ifity. Wegalifty, or e nv.-_ Jliegafl, or unenfo.ct,ajl(a in any nesptact, sud. s�h,c-dfl anv`Dthef- j)1r... 1Vision thereof and f�_ls shall constnjcd -1s 4 such "Ni10i"", i',C,," vtr of- I)rc ' 's ' lon h 4 . .-,, e -n ocntained Hry I g�n� nf �a wlwzf ,3�i "n ARTICLE '14. NOTICES AN notic s �o either party by the other req-,,ired Under this av�nendmieniit , hall t,,;e d,-.fliv,--7�'red persc"nall'y or sent by cented co LEE! maii. postage tosuch t,,a- y at the fojlo,,,,g �ddresses: City'. State: Wesdake, Texas Departmentof Transportation Attn Atim District Eng4wer 3 VdIage Circte, Suite 202 FICK Box 133067 Westake, TX 76262 DaHas, TX 75313-3067 AH notices sh,'-A be dte�erned gm ---m on the so delivc,,,red or so dep- ?&ited in the mail, uniess o0enwe provided he,,rein, Eiith-er party hereto r'nay change the addmss by senIng "Atten,, n'.Aice sur -,,h, change to lhk,,other in the manner provided herein. ARTICLE 15. GOVERNING LAWS AND VENUE 'Ff""is shall be c,.,'-,,nstrued under and in accordance with the laws of the State of T,,.-,xas, Av actic3ris reciardimi the oarties' c6ho.ations wnder thisaar-e-rinent a be filed in Tria v£s , .as. ARTICLE 16. PRIOR AGREEMENTS SUPERSEDED This- co.nsfltutes the soic an -d onily agreement of the parties her'etrc, and supersedtas, ar--,y pric-,,,- u3tderstandin,-,4s orwritten or aral agreements t"'Ev parbes respecting w0in tNa jc,ct rnattc"r ARTICLE 17, REVISIONS TO EXHIBIT A Revision to the locatOns, listie,,1 in Exhibit A rnay be,,rnad: if subinitts,,d in writing 1by the City ,and, initi�aled by both p,,-.-inies, IN WITNESS WHEREOF, Vne, StaV'and the Chy have sigried dupfic.,ite t-,owriterparts of th"is aWeernent. THE CITY OFE` LAKE E,xe,',-,uted an behalf oil the �,Cjv-y by, By ....... .. . . . . .... '-C)ate' '1"yped or IPirinted Narne and Title-, THE STATE OF 1 EXAS Ex,-?t-.;u'!.,e--.J for the Executive Dir,� ctor and approved is the Texate5 Transpzo�rtation Commission fr, the puTose and effecl of achvabng andAr camying uut the orders, established f.,;%olicies or vvork iheretc&orce approved and by the Ttexas Tnanspoftation Com-niission. Bw Date ............ D*�tk,,Ict Ei�-quiz)er M,-',,A1A Anneridr-fiew Paqi; 4 of a Annust 24, 2006 A 1 �.a 1 1 1 1 0 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Z 1 1 1 1 1 1 1 1 B 1 1 1 N Z W ------------------ : ƒ ■ I. N | ■ ■ 1 W � \ 8 � � ƒ @ £ C ° a @ a V r \ \ 3 ■ \ � Town of Westlake Memo To: Honorable Mayor and Members of the Board of Aldermen From: Kim Sutter, Town Secretary Subject: Regular Meeting of July 28 2008 Date: July 15, 2008 ITEM Consider acceptance of a leave of absence requested by Mayor Pro Tem Don Redding. BACKGROUND In accordance with Local Government Code §22.041(b), Mayor Pro Tem Redding has submitted a request for a leave of absence from the August 17, August 25, and September 8, 2008, regular board meetings. 22.041. VACANCY ON GOVERNING BODY IS CREATED. (b) If a member of the governing body is absent for three regular consecutive meetings, the member's office is considered vacant unless the member is sick or has first obtained a leave of absence at a regular meeting. RECOMMENDATION No recommendation. FUNDING N/A ATTACHMENTS Letter of request from Mayor Pro Tem Redding DON REDDING 5925 Janet Court Westlake, TX 76262 Town of Westlake 3 Village Circle, Suite 202 Westlake, TX 76262 To the Honorable Mayor & Board of Aldermen SUBJECT: Leave of Absence Betty and I will be celebrating our 50"' Wedding Anniversary in August of this year. It is our plan to enjoy an extended motorhome vacation in the northwestern U.S. Pursuant to Section 22.041(b) of the Texas Local Government Code, I am requesting an approval from the Westlake Board of Alderman for a "leave of absence" from the August 17, 25, and September 8, 2008 regularly scheduled board meetings. Your consideration of the request will be most appreciated. Sincerely, Don Redding To: Honorable Mayor and Members of the Board of Aldermen From: Tom Brymer, Town Manager Subject: Regular Meeting of July 28, 2008 Date: July 21, 2008 Consider approval of the Board of Aldermen's Vision, Value, and Mission Statement as well as Vision Focus Points and Key Result Areas. The Board held a strategic planning retreat June 27-28 to formulate a community vision as well as value statements and a mission statement. These draft statements were then discussed by the Board at its July 14th workshop where subsequent modifications were made to them. The Board reached consensus at its July 14th workshop to consider them for adoption, along with the key result areas the staff had identified under the 3 vision points that are part of the vision statement. N/A Approval of the vision statement, value statement, and mission statement as drafted by the Board with the Board's modifications made at its July 14th workshop. Further recommend then using this format in the upcoming budget process as well as the drafting of a strategic plan which will be done and brought to the Board for its discussion in the future. ram 1I_[tlllaIDleY11 A • Westlake Board of Aldermen Vision, Value, and Mission Statements ® Westlake Vision Statement Focus Points with Key Result Areas Westlake is a one- of- a kind community; an oasis with rolling hills, grazing longhorns, and soaring red-tailed hawks, located in the heart of the Fort Worth -Dallas metropolitan area. Inviting neighborhoods and architecturally vibrant corporate campuses find harmony among our meandering roads and trails, lined with native oaks and stone walls. We are leaders. In education we are known for our innovative partnerships between the Town -Owned Charter School and its corporate neighbors. We are environmental stewards — exemplifying the highest standards. Hospitality finds its home in Westlake. As a community, we are fully involved and invested in our rich heritage, dynamic present and exciting, sustainable future. 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. As a community, Westlake values reflect: ® Innovation 1 • A strong knowledge/education base • Being friendly and welcoming • Family focus • Engaged citizens • A unique rural setting emphasizing preservation of our natural beauty • Aesthetic appeal and high development standards Vision Point: Inviting esi i t and Corporate Neighborhoods The Town of Westlake enjoys inviting neighborhoods. We are a one -of -a kind community. Westlake is an oasis with rolling hills that blends grazing longhorns and soaring red-tailed hawks with inviting neighborhoods as well as architecturally vibrant corporate campuses that find harmony along our meandering roads a nd trails, lined with native oaks and stone walls. • On-going comprehensive planning • Sensitivity to neighborhood integrity • Outstanding community appearance • Highest quality development and aesthetic standards • Open space preservation VisionPoint: We are Leaders In education we are known for our innovative partnerships between the Town -owned charter school and its corporate neighbors. We are environmental stewards — exemplifying the highest standards. ® Premier educational facilities and programs ® Producing well educated future leaders and thinkers ® Business partnerships with the Town andWestlake Academy ® Environmental stewardship initiatives ® High quality services delivery coupled with financial stewardship ® Infrastructure maintenance and planning VisionPoint: Hospitality Finds Its Home in Westlake As a community, we are fully involved and invested in our rich heritage, dynamic present and exciting, sustainable future. Key Result Areas supporting this vision point: ® Citizen engagement and communication • Historic Preservation ® Tourism development ® Arts and culture 3 Comprehensive Premier Education Planning Facilities & Programs Neighborhood Well Educated Future��4 Lewers & Thinkers , Integrity x Community Business Partnerships with Appearance Town & Westlake Academy Preset QualityEnvironmental Stewardship Development..........High Quality Services Tourism x Aesthetic Coupled with developme Financial Stewardship Standards ~x Arts and Open Space Infrastructure Maintenance Culture Preservation and Planning M F 4 1 � q X y z > h Comprehensive Premier Education Planning Facilities & Programs Neighborhood Well Educated Future��4 Lewers & Thinkers , Integrity x Community Business Partnerships with Appearance Town & Westlake Academy Preset QualityEnvironmental Stewardship Development..........High Quality Services Tourism x Aesthetic Coupled with developme Financial Stewardship Standards ~x Arts and Open Space Infrastructure Maintenance Culture Preservation and Planning M Town of Westlake !0 To: Honorable Mayor and Members of the Board of Aldermen From: Tom Brymer, Town Manager Subject: Regular Meeting of July 28, 2008 Date: July 21, 2008 ITEM Consider approval of a Board Policy on Board Meeting Procedures as well as a Board Relations Policy and Code of Ethics. BACKGROUND The Board of Aldermen received these draft policies in advance of their June 27-28 Strategic Planning Retreat. They were subsequently reviewed by the Board at their July 14, 2008 workshop. The Board consensus at that workshop was to consider these policies for adoption at a regular meeting. The policy relating to Board meeting procedures outlines the structure for Board meetings and how they will generally conducted. The Board Relations Policy and Code of Ethics focuses on how the Board will exercise its governance functions as it relates to the community and fellow Board members, as well as the roles and conduct of the Town Manager, Town staff, Mayor, and Aldermen. This policy also sets out how the Mayor and Board will interact with the news media and establishes a code of ethics for the Board. There is one suggested wording change on the Board Meeting Procedures Policy recommended by the Town Attorney that will be reviewed with the Board by the staff at the meeting. FUNDING N/A RECOMMENDATION Recommend adoption of these policies as presented and their regular use by the Board. Further recommend that these policies be reviewed by the Board annually at its strategic planning retreat to make sure that they are current, in the form the Board wishes, and that the entire Board is in agreement to abide by them. ATTACHMENTS: ® Board Policy on Meeting Procedures • Board Relations Policy and Code of Ethics Town of Westlake POLICY ON BOARD MEETING PROCEDURES Proposed replacement language under appropriate section 1� J- Any Board member may request at the workshop4meetings, under "Future Agenda Item Requests", an agenda item for a future Board meeting. The Board 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 workshop meeting, the requesting Board member will explain the item, the need for Board discussion of the item, the item's relationship to the Board's strategic priorities, and the amount of estimated staff time necessary to prepare for Board discussion. If the requesting Board member receives a second, , the Town Manager will place the item on the Board agenda calendar allowing for adequate time for staff preparation on the agenda item. Town of Westlake DRAFT Upon adoption of this policy by the Board of Aldermen, the following rules and order of business will be adhered to. MEETINGS Regular Meetings will be held on the second and fourth Monday of each month. Special meetings shall be called, upon request of the Mayor or a majority of the members of the Board of Aldermen as prescribed by the Texas Local Government Code Sec. 22.038. Should the Town Manager identify a need for a special meeting, he or she shall consult with the Mayor to schedule said meeting. All meetings shall be subject to the provisions of the Texas Open Meetings Act, V.T.C.A., Government Code, Ch. 551, Open Meetings, as amended. Work Sessions may be scheduled prior to the regular meetings on the second and fourth Monday of the month, as necessary. The time is subject to change at the discretion of the Board of Aldermen or the Town Manager. Periodic Work sessions will also be scheduled to provide the Board of Aldermen with time to discuss short term and long term goals. The general public can, of course, attend such meetings, but may not participate in the proceedings unless invited to do so by the Mayor. Executive Sessions are an exception to the general rule that all meetings are open to the public. Executive Session may be held on the second and fourth Monday of each month. A special meeting can be called by the Mayor and the Town Manager. The Open Meetings Act allows closed meetings in a few specific instances where privacy serves the public interest — i.e. to discuss real estate, economic development, personnel matters. The Board must keep a record of the meeting and it shall be certified by the Mayor to assure that all matters discussed in executive session were properly recorded. i Agendas are prepared and posted for every meeting of the governmental body. The Mayor, working in conjunction with the Town Manager, will exercise their professional judgment in determining what items of business should come before the Board. Any member of the Town staff wishing to have an item placed on the agenda shall consult with the Town Manager's office and then submit the item to the Town Secretary. Staff will post agenda packets on the internet for all Regular Meetings and Work Sessions no later than the Friday afternoon preceding the week of scheduled meetings. This should afford ample time for all Board members to inquire into the nature of each matter to be discussed or to personally investigate the matter so as to be better informed before a Board meeting. Policy on Board Meeting Procedures Page 1 The Town Secretary's office, in conjunction with the Town Attorney, assumes the responsibility for compliance with the Open Meetings Act. First item on the regular Board agenda shall be to recite the Pledge of Allegiances. These procedures shall apply to all meetings of the Board of Aldermen. The Mayor shall be the presiding officer at all meetings of the Board of Aldermen. In the event of the absence of the Mayor and Mayor Pro Tem, the Mayor shall designate the presiding officer. In the event the Mayor has failed to designate the presiding officer, the Board member with the most seniority shall serve as presiding officer. In regular and special meetings the Board of Aldermen will utilize reasonable rules of parliamentary procedure in the conduct of its business. Below are examples (not mandatory) of reasonable parliamentary procedure in certain types of actions of the Board of Aldermen: 1. MAIN MOTION: A formal proposal to take certain action. Step 1. Addressing the Chair. (Begin the discussion by having a member make the motion. Motion should be made and seconded. After this, debate can be conducted. (Ex: "Mayor, I move the following..."). SECOND REQUIRED Yes DEBATABLE Yes AMENDABLE Yes VOTE REQUIRED Majority Step 2. Assigning the floor (Mayor recognizes the member) Step 3. Making a motion. Step 4. Seconding a motion. Step 5. Stating the motion (Mayor states the motion) Step 6. Debating the question. (Mayor allows debate, with maker of motion speaking first in debate). Step 7. Putting the question. (Mayor takes the vote after debate is complete). Step 8. Announcing the result of vote. (Mayor announces the vote, members for and against). 2. TO TAKE FROM THE TABLE: To enable an assembly to take up and consider a motion that was postponed temporarily during the same meeting. Maybe used at a future meeting if the item that was tabled was posted. SECOND REQUIRED Yes DEBATABLE No AMENDABLE No VOTE REQUIRED Majority Policy on Board Meeting Procedures Page 2 3. AMENDING A MOTION Any motion may be amended as follows: "Mayor, I move that we amend the motion by (adding, striking our, etc. the words...)." The amendment must be seconded and then it can be discussed. When discussion ends, the amendment is voted on first. If the amendment passes, the original motion is then put to a vote as amended. If the amendment fails, the original motion is put to a vote. SECOND REQUIRED Yes DEBATABLE Yes AMENDABLE Yes VOTE REQUIRED Majority 4. TO OFFER A SUBSTITUTE AMENDMENT: Another way to change an original motion is by use of the Substitute Motion. A substitute motion is an amendment that changes an entire sentence or paragraph. It must be seconded and then discussed. It may be amended and differs only from an amendment in that if the substitute motion passes it does away with the original motion. SECOND REQUIRED Yes DEBATABLE Yes AMENDABLE Yes VOTE REQUIRED Majority 5. LAY A MOTION ON THE TABLE: Sometimes a board or committee may wish to defer action on a motion. One way to accomplish this is to lay a motion on the table. It is in order to move that a main motion be laid on the table when discussion on the main motion has or is about to end. A tabled motion can be brought from the table during the same meeting but is usually done so at a later meeting when unfinished business is being considered. SECOND REQUIRED Yes DEBATABLE No AMENDABLE No VOTE REQUIRED Majority Policy on Board Meeting Procedures Page 3 6. MOTION TO CLOSE DEBATE (call for question): To prevent or stop discussion on the pending question, and to bring the pending question or questions to an immediate vote. SECOND REQUIRED DEBATABLE AMENDABLE VOTE REQUIRED Yes No No 2/3 of members present 7. POINT OF ORDER: Anytime a member feels an incorrect procedure is being used, he or she can interrupt with a point of order request that requires the Mayor to determine the correct procedure. The point of order can have no additional motions applied to the request other than a motion to withdraw. SECOND REQUIRED No DEBATABLE No AMENDABLE No VOTE REQUIRED Mayor must concede or deny. 1aC".11lTltea 17�:�1�1�1 Robert's Rules of Order says that debate is the discussion regarding a motion that occurs after the presiding officer has restated the motion and before putting it to a vote. When a pending question is presented for consideration to the Board, the presiding officer shall recognize the member who made the motion to speak first and the member who seconded the motion to speak second. When two or more members wish to speak, the presiding officer shall name the member who is to speak first. No member of the Board shall interrupt another while speaking except to make a point of order or to make a point of personal privilege. No member shall speak more than five minutes on any amendment to the question except as further provided in this rule. No member shall speak more than the time limits provided herein on any subject or amendment, and such member may use his or her time in any combination, in separate speech or comments totaling the number of minutes permitted. The Mayor shall not be obligated to recognize any Board member for a second comment on the subject or amendment until every Board member wishing to speak has been allowed a first comment. Board members shall also have the right to yield a portion of time to another member. Any member deciding to speak more than five minutes on any question or more than five minutes on any amendment to the question shall be accorded the privilege without objection upon motion supported by two-thirds of the Board. No member shall be permitted to interrupt while another member is speaking. No Board member shall be permitted to indulge in a discussion of personalities, use language personally offensive, arraign motives of members, charge deliberate Policy on Board Meeting Procedures Page 4 misrepresentation, or use language tending to hold a member of the Board of Aldermen up to contempt. If a member is speaking or otherwise transgressing the rules of the Board, the presiding officer shall or any Board member may call him or her to order in which case he or she shall immediately be quiet unless permitted to explain. The Board shall, if appealed to, decide the case without debate. If the decision is in favor of the member called to order, he or she shall be at liberty to proceed, but not otherwise. Each Board member should be aware of the conflict of interest regulations, including State provisions and statutes. When a Board member has a conflict of interest with an agenda item, he or she should submit the required affidavit (if required) prior to the beginning of the meeting at which the agenda item is scheduled. Upon introduction of the agenda item, the Board member with the conflict of interest should announce that he or she has a conflict of interest and will not participate in discussion or consideration of the agenda item. It is not necessary that the Board member leave the meeting room. Individuals who wish to address the Board of Aldermen on an item posted as a public hearing shall register with the Town Secretary prior to the Mayor's announcement to open the public hearing. Registration forms are available in the lobby. The Mayor will open the public hearing and recognize individuals who wish to come forward to speak for or against the item. The speaker will state their name and address for the record and shall be allowed three minutes. After a public hearing is closed, there shall be no additional public comments. If the Board needs additional information from the general public, some limited comments may be allowed at the discretion of the Mayor. When a large number of participants have indicated an interest in addressing the Board on a zoning case or another regular agenda item, the Mayor or Mayor Pro Tem may set a maximum time limit for the proponents and opponents and a time limit for rebuttal, if necessary. Individuals who wish to address the Board of Aldermen on a consent or regular agenda item not posted as a public hearing shall register with the Town Secretary prior to the Mayor's reading of the agenda item. Registration forms are available in the lobby. The Mayor will recognize individuals who wish to come forward to speak for or against the item. The speaker will state their name and address for the record and shall be allowed three minutes. Policy on Board Meeting Procedures Page 5 3 Village Circle, Suite 207 Wesilake, TY 7626 (817) 43 0- 0777 vviviv. wesilake-I.Y. oi/ 3 ................ ........... .. ... .... .. .. Cov-e ",f Ithics 10 town of Westlake • i i • : • • . - Texas Municipal League Newly Elected Officials training o 8/8 - 8/9/08, Austin, 7:30 a.m. - Texas Municipal League Region VIII Quarterly Meeting o 7/31/08, 6:30 p.m., City of Azle Community Center - NW Metroport Chamber Luncheon — Education address to include Head of School Mark Rosevear o 8/5/08, 11 a.m. to 1 p.m., Trophy Club Country Club - Texas Municipal League Annual Conference and Exhibition o 10/28 — 10/31/08, San Antonio, Texas - Joint Board of Aldermen/Planning & Zoning Commission land use/zoning training O 9/29/08, 6 — 8 p.m., Town Hall offices, Municipal Court Room r" town of Westlake Back up material has not been provided for this item. TOWN OF WESTLAKE, TEXAS BOARD OF ALDERMEN REGULAR MEETING AGENDA July 28, 2008 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE MUNICIPAL COURT ROOM, SUITE 207 7:00 p.m. 1. CALL TO ORDER. 2. PLEDGE OF ALLEGIANCE. 3. CITIZEN PRESENTATIONS: This is an opportunity for citizens to address the Board on any matter whether or not it is posted on the agenda. The Board cannot by law take action nor have any discussion or deliberations on any presentation made to the Board at this time concerning an item not listed on the agenda. The Board 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 Board of Aldermen and will be enacted with one motion. There will be no separate discussion of items unless a Board 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. Review and approve minutes of the Board of Aldermen workshop and regular meeting held on July 14, 2008. b. Consider approval of a Resolution authorizing the execution of an agreement with Akin Gump Strauss Hauer & Feld, LLP for 2008 legislative work relating to the Charter School Improvements. Town of Westlake Board of Aldermen Regular Meeting July 28, 2008 Page 2 of 2 c. Consider approval of a Resolution authorizing the execution of a Municipal Maintenance Agreement and an Amendment to the Municipal Maintenance Agreement. 5. CONSIDER ACCEPTANCE OF A LEAVE OF ABSENCE REQUESTED BY MAYOR PRO TEM DON REDDING. 6. CONSIDER APPROVAL OF THE BOARD OF ALDERMEN'S VISION, VALUE, AND MISSION STATEMENT AS WELL AS VISION FOCUS POINTS AND KEY RESULT AREAS. 7. CONSIDER APPROVAL OF A BOARD POLICY ON BOARD MEETING PROCEDURES AS WELL AS A BOARD RELATIONS POLICY AND CODE OF ETHICS 1-117.111 _t1o.11 - Texas Municipal League Newly Elected Officials training o 8/8 - 8/9/08, Austin, 7:30 a.m. - Texas Municipal League Region VIII Quarterly Meeting o 7/31/08, 6:30 p.m., City of Azle Community Center - NW Metroport Chamber Luncheon — Education address to include Head of School Mark Rosevear o 8/5/08, 11 a.m. to 1 p.m., Trophy Club Country Club - Texas Municipal League Annual Conference and Exhibition o 10/28 —10/31/08, San Antonio, Texas - Joint Board of Aldermen/Planning & Zoning Commission land use/zoning training o 9/29/08, 6 — 8 p.m., Town Hall offices, Municipal Court Room 9. 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, by Wednesday, July 25, 2008, by 5 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. Kim Sutter, 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. 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. " Town of Westlake Item # 3 — Citizen Presentations This is an opportunity for citizens to address the Board on any matter whether or not it is posted on the agenda. The Board cannot by law take action nor have any discussion or deliberations on any presentation made to the Board at this time concerning an item not listed on the agenda. The Board 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, TEXAS MINUTES OF THE TOWN OF WESTLAKE, TEXAS BOARD OF ALDERMEN WORKSHOP July 14, 2008 PRESENT: Mayor Laura Wheat and Aldermen Larry Corson, Carol Langdon, Don Redding, and Rebecca Rollins. ABSENT: Alderman Tim Brittan. STAFF PRESENT: Town Manager Thomas Brymer, Town Attorney Stan Lowry, Town Secretary Kim Sutter, and Assistant to the Town Manager Ginger Awtry. 1. CALL TO ORDER. Mayor Wheat called the workshop to order at 4:05 p.m. 2. PRESENTATION AND DISCUSSION OF A PROPOSED PUBLIC ART MASTER PLAN. Mrs. Michelle Corson, chair of the Public Art Society of Westlake, addressed the Board regarding the item, and advised that revisions were made to the plan based on discussion at the June 23, 2008, workshop. Mrs. Corson reviewed other suggested revisions recommended by the Society, and asked that the Board consider a percent -for -art program as a means to acquire funding for public art projects. Board discussion ensued with regard to the benefits in of creating a 501(c)3 organization to raise funds for public art, the need for the Society to present updates to the Board on a recurring basis, and coordination of fund raising efforts among the various entities, Town Attorney Lowry explained that the Town is already a tax exempt organization; however, the creation of a 501(c)3 could have an impact on the fundraising potential as donors may be more comfortable donating to an organization that has obtained 501(c)3 status. Town of Westlake Board of Aldermen Workshop Minutes July 14, 2008 Page 2 of 3 Town Manager Brymer recommended the Board consider amending the resolution creating the Public Art Society of Westlake to allow for the creation of a 501(c)3 organization and the associated bylaws and establishing expenditure authority for non - budgeted items. The Board discussed the need to consider bringing all Town related non-profit Boards under the same operating guidelines. Mrs. Corson stated that the Society will present an annual budget to the Board for consideration each year. In conclusion, an amendment to the resolution establishing the Public Art Society of Westlake will be presented to the Board at a future meeting. Additionally, Mayor Wheat advised that the Board will consider the creation of a percent for art program at a future workshop. 3. DISCUSSION AND FOLLOW-UP REGARDING STRATEGIC PLANNING RETREAT. Town Manager Brymer addressed the Board regarding the item, and presented the next steps in the stategic planning process. Town Manager Brymer recommended the Board consider adopting a strategic plan as well as a Board meeting procedure policy and a code of ethics. Board discussion ensued with regard to the draft mission, vision, value statements, and key result areas. It was the consensus of the Board to direct the Town Manager to incorporate the changes as discussed by the Board. Town Manager Brymer advised the Board that the strategic plan will be presented to the Board in October for consideration and approval. In regard to the Town's strategic plan, discussion ensued with regard to the status of the fundraising and construction of the Arts and Sciences Center building and best practices as it relates to presenting accounts payable to the Board for approval. It was the consensus of the Board to include an item on all future workshops to receive an update on the Arts and Sciences Center project and eliminate the approval of accounts payable from future meeting agendas in lieu of quarterly financial reports. Town of Westlake Board of Aldermen Workshop Minutes July 14, 2008 4. ADJOURNMENT. Page 3 of 3 There being no further business to come before the Board, Mayor Wheat adjourned the workshop at 6:32 p.m. APPROVED BY THE BOARD OF ALDERMEN ON JULY 28, 2008. Laura Wheat, Mayor ATTEST: Kim Sutter, TRMC, Town Secretary MINUTES OF THE TOWN OF WESTLAKE, TEXAS BOARD OF ALDERMEN REGULAR MEETING July 14, 2008 PRESENT: Mayor Laura Wheat and Aldermen Larry Corson, Carol Langdon, Don Redding, and Rebecca Rollins. ABSENT: Alderman Tim Brittan. OTHERS PRESENT: Town Manager Thomas Brymer, Town Attorney Stan Lowry, Town Secretary Kim Sutter, Facilities and Recreation Director Troy Meyer, Public Works Superintendent Jarrod Greenwood, Finance Director Debbie Piper, and Assistant to the Town Manager Ginger Awtry. 1. CALL TO ORDER. Mayor Wheat called the meeting to order at 7:12 p.m. 2. PLEDGE OF ALLEGIANCE. Mayor Wheat led the pledge of allegiance to the United States and the Texas flags. 3. CITIZENS' PRESENTATIONS. There was no one present wishing to address the Board. 4. CONSENT AGENDA. Mayor Wheat introduced the consent agenda and asked for a motion. a. Review and approve minutes of the Board of Aldermen workshop and regular meeting held on June 23, 2008. b. Review and approve minutes of the Board of Aldermen Strategic Planning Retreat held on June 26 and June 27, 2008. c. Review and approve any outstanding bills. Town of Westlake Board of Aldermen Regular Meeting Minutes July 14, 2008 Page 2 of 4 d. Resolution No. 08-45 - Consider a Resolution approving amendments to the Town of Westlake Personnel Manual. MOTION: Alderwoman Rollins made a motion to approve the consent agenda with corrections to the minutes. Alderwoman Langdon seconded the motion. The motion carried by a vote of 4-0. 5. ELECT A MAYOR PRO TEM. Mayor Wheat introduced the item and asked if Mayor Pro Tem Redding would consider continuing to serve as the Mayor Pro Tem. Mayor Pro Tem Redding agreed to continue to serve as the Mayor Pro Tem. MOTION: Alderman Corson made a motion to elect Don Redding to serve as the Mayor Pro Tem. Alderwoman Rollins seconded the motion. The motion carried by a vote of 4-0. 6. CONSIDER AN ORDINANCE ADOPTING A RATE INCREASE FOR RESIDENTIAL SOLID WASTE COLLECTION SERVICES. Public Works Superintendent Greenwood addressed the Board regarding the item. Mr. Greenwood stated that the proposed rate increase is due to an increase in fuel and delivery of service costs. Mr. Greenwood advised the Board that the rate increase will go in to effect August 1, 2008, and the Town, in accordance with the agreement, will assume the billing responsibility from Allied Waste Services. Service Residential Curbside Recycling Curbside Total Current Rate (established December 2001) $7.00 $1.75 $8.75 Proposed Rate (effective August 1. 2008) $8.00 $2.75 $10.75 Discussion ensued with regard to the implementation of the automated cart service. Ms. Jeri Harwell, Allied Waste Services' Business Development Manager, advised the Board that she will be on site during the transition to the new carts to address questions from the residents regarding the services. MOTION: Mayor Pro Tem Redding made a motion to adopt Ordinance No. 597, adopting a rate increase for residential solid waste collection services as presented. Alderman Corson seconded the motion. The motion carried by a vote of 4-0. Town of Westlake Board of Aldermen Regular Meeting Minutes July 14, 2008 Page 3 of 4 7. CONSIDER A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH SCHRICKEL, ROLLINS AND ASSOCIATES, INC. TO PROVIDE CONSULTATION AND SCHEMATIC DESIGN FOR POTENTIAL STREETSCAPE/WAYFINDING AMENITIES OF THE FM 1938 PROJECT. Public Works Superintendent Greenwood addressed the Board regarding the item and breifly outlined the scope of services. Mr. Greenwood advised the Board that the initial consultant work will include a schematic and conceptual designs as outlined in the proposal (Section 15. Deliverables). Mr. Victor Baxter, Vice President of Landscape Architecture with Schrickel, Rollins and Associates, Inc., addressed the Board regarding the proposal. Discussion ensued with regard to coordinating the project with the City of Southlake, as well as the possibility of pedestrian walkways and bike paths. Alderman Corson expressed his desire to view the design of the stamp stain, if possible. Public Works Superintendent Greenwood stated the proposed design will be presented to the Board if the timeline permits. Additionally, Mr. Greenwood advised the Board that staff will consider the bikeways and pedestrian trails as part of the Town wide master plan update. MOTION: Alderwoman Langdon made a motion to approve Resolution No. 08-46, as presented. Alderman Corson seconded the motion. The motion carried by a vote of 4-0. 8. CONSIDER ADOPTION OF A PROPOSED PUBLIC ART MASTER PLAN. Town Manager Brymer addressed the Board regarding the item, and recommended the Board consider adopting the proposed public art master plan with the suggested wording changes as discussed in the Board of Aldermen workshop. Mr. Brymer further advised that a resolution will be presented at a future meeting to amend the charge of the Public Arts Society of Westlake, delineate expenditure authority for non -budgeted item, authorize the establishment of a 501(c)3 and associated bylaws for the Public Art Society of Westlake. MOTION: Mayor Pro Tem Redding made a motion to adopt the proposed public art master plan with the suggested changes as recommended by the Town Manager and direct staff to prepare a resolution in accordance with the Town Manager's recommendation. Alderwoman Rollins seconded the motion. The Board commended the members of the Public Art Society of Westlake for their efforts related to the creation of the plan. Town of Westlake Board of Aldermen Page 4 of 4 Regular Meeting Minutes July 14, 2008 VOTE ON MOTION: The motion carried by a vote of 4-0. 9. BOARD CALENDAR. Mayor Wheat reviewed the Board calendar: - Texas Municipal League Newly Elected Officials training 0 7/25 — 7/26/08, Austin, 7:30 a.m. o 8/8 - 8/9/08, Austin, 7:30 a.m. - Texas Municipal League Region VIII Quarterly Meeting o 7/31/08, 6:30 p.m., City of Azle Community Center - NW Metroport Chamber Luncheon — Education address to include Head of School Mark Rosevear o 8/5/08, 11 a.m. to 1 p.m., Trophy Club Country Club - Texas Municipal League Annual Conference and Exhibition o 10/28 —10/31/08, San Antonio, Texas - Joint Board of Aldermen/Planning & Zoning Commission land use/zoning training, date TBD Town Manager Brymer encouraged the Board to attend the TML training sessions. 10. ADJOURNMENT. There being no further business, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Alderwoman Langdon made a motion to adjourn the meeting. Mayor Pro Tem Redding seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 7:53 p.m. APPROVED BY THE BOARD OF ALDERMEN ON JULY 28, 2008. Laura Wheat, Mayor ATTEST: Kim Sutter, TRMC, Town Secretary Town of Westlake Memo To: Honorable Mayor and Members of the Board of Aldermen From: Tom Brymer, Town Manager Subject: Regular Meeting of July 28, 2008 Date: July 21, 2008 ITEM Consider a Resolution authorizing the execution of an agreement with Akin Gump Strauss Hauer & Feld, LLP for 2008 legislative work relating to the Charter School Improvements. BACKGROUND This scope of services was originally negotiated by the Acting Town Manager earlier in the year. When considered by the Board at their May 5, 2008 meeting, the Board tabled this item, requesting additional information to clarify this scope of services in relationship to other consultants and attorneys the Town presently utilizes. Staff conducted that research in response to the Board's direction and found it did not duplicate any existing consultant or legal scope of service engaged by the Town. This engagement, in the amount of $15,000 for the remainder of 2008, would have several components as it relates to the Texas Legislature's approach and policies for funding charter schools. One of the key areas of focus for this engagement will be monitoring the activity of the Senate Education Committee, particularly its charge related to public school facilities funding. This will include preparing testimony for the Town and determining appropriate witnesses to appear on the Town's behalf before the Senate Education Committee when it conducts hearings on this charge. FUNDING One half of this engagement amount ($7,500) would be expensed to the FY 07-08 Municipal Budget and the second half would be expensed to the FY 08-09 Municipal Budget in December when the engagement is completed. RECOMMENDATION Approval ATTACHMENTS: • Resolution No. 08-47 • Letter dated 6-30-08 from Jody Richardson of Akin Gump with Revised Proposal for 2008 Legislative Work Relating to Charter School Improvements. TOWN OF WESTLAKE RESOLUTION NO. 08-47 APPROVING THE ACCEPTANCE AND EXECUTION OF AN AGREEMENT WITH AKIN GUMP STRAUSS HAUER & FELD, LLP FOR 2008 LEGISLATIVE SERVICES RELATED TO THE ACADEMY. WHEREAS, the Town Manager, at the Board of Aldermen's direction on May 5, 2008 has researched the engagements and scope of services for education consultants and legal services it currently receives; and WHEREAS, this proposed revised scope of services from Akin Gump described in attached Exhibit A does not duplicate work presently underway by other education consultants and legal services currently retained by the Town; and WHEREAS, the Board of Aldermen desires to have this scope of services provided to the Town which will include monitoring and participating in the upcoming Senate Education Committee hearings related to public school facilities funding; and WHEREAS, the Board of Aldermen finds that the agreement is acceptable and beneficial to the Town; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. The above findings are hereby found to be true and correct and are incorporated herein in its entirety. SECTION 2. The Board of Aldermen of the Town of Westlake, Texas, hereby approves the acceptance and execution of the agreement with Akin Gump Strauss Hauer and Feld, LLP for legislative services as outlined in the attached Exhibit "A". PASSED AND APPROVED ON THIS 28th DAY OF JULY 2008. ATTEST: Laura Wheat, Mayor Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney AKIN DUMP STRAUSS HA.UER & FELDL L P June 30, 2008 Tom Brymer Town Manager Fkw,n of Westlake N Huge Circle, Suite #_202 Wcsilakc. TX 762621 JODY RiCHARDSON 512.499,6238/fax: 512,7011112 jrichardson@akingump.com Re: Revised Proposal for 2008 Legislative Work Relating to Charter School Improvements Pursuant to our conversations, this letter is our revised Proposal for assisting the Town of Westlake (-Westlake" or the "Town") in its legislative involvement with both the charter school community and the Texas Legislature in preparation for the 2009 Legislative Session. As in the past couple of legislative sessions, the charter school community hopes to obtain favorable changes to state law to allow for more, and more equitable, state funding for charter schools. A Litilc Background In view of the fact that the Board of Aldermen has changed significantly in the recent past, and the Town has a new mayor and a new Town Manager, and due to the fact that the Westlake Academy headmaster soon will retire and be replaced, I think it might be worthwhile to provide you a short background on the long standing relationship my law fin -n and I have had with the Tbwn. In addition, I believe a little information about my expertise and experience may be of interest. FheT0wn first retained me In 2000, and we worked together successfully in the 2001 Legislative Session. I have provided legislative/lobby services to the Town since that time. The issues facing the Town have varied from Session to Session, which is both extremely interesting and invigorating, and also challenging. We have worked together on: (1) legislation authorizing a non -home rule municipality to own a charter school; (2) legislation authorizing use of certificates of obligation by a non -home rule municipality to finance improvements at its owned charter school; (3) issues relating to Texas Student Housing; (4) the annexation issues facing Westlake and Trophy Club (the 58 acres); " 0,` V'Vest 6th Street .' Suite 2100 ' Austin, TX 78701-2916 1 512A99,6200 1 fax: 512.499.629C ! akm9UMP,COM Attorneys at Law R 81is Ft. 1) (5) issues relating to franchise fees a city is allowed to impose on utilities and others using right-of-way; (6) local option election substitute legislation to obtain authority to permit sales of wine, beer and liquor in the Town liquor by the drink election avoidance (because of geography it was not possible for Westlake to hold such an election); and (7) matters involving the municipal court of record (involving Trophy Club) ... and many other issues. Together we have built on and enhanced the Town's relationships with its state representative and state senator, and we have established an identity at the Legislature. Due to the high quality of Westlake Academy, Westlake and the Academy are seen as role models in the charter school community for high performing entities. My Experience One of the reasons Westlake initially retained me was my expertise in special taxing district iiiartcrs. I began any legal career at Vinson & Elkins in Houston and after my first two years as a litigator, I joined the firm's public finance group. For the remaining 9 years of my time at that firm. I split my time between practicing public finance law and lobbying. In 1991, 1 moved to my present firm where I continued to serve as general counsel for municipal utility districts ("MUDs") in the Austin area. Today, I no longer have time to serve as MUD general counsel but I do represent two county development districts, and I represent developers and lenders as a "MUD expert" in their transactions with MUDS and other types of special districts. I also represent a group of tax increment reinvestment zones in Houston and elsewhere in the state who are concerned about their continuing ability to receive school district tax increments (which are no longer permissible but are gandfathered in their cases). I am looked at by legislative staff as a neutral source of "the law" when special district issues face them, and I participate in the water district stakeholders group operating at the Capitol to sort through issues affecting the special district community. I have lobbied during 14 legislative sessions, or 28 years. My clients include the Motion Picture Association of America, the Entertainment Software Association (the videogame trade association), CBS Outdoor, the Goodrich Corporation, Plains Marketing (a crude oil transporter), among other clients. I enjoy the variety of the client issues and the ability to work with a large portion of the legislature. N, I N V11 U E I I & I -- E L D Attorneys at Law Tom Bryme-O June 30, 20 Page 3 I fhe Fee Arrangement and its Implications During the legislative Session years, the Town has entered into a contract with my firm that pays us $60,000, in exchange for which I work on any and all assignments made by the Town and Town Manager. In the "off years", we have been working under a simple hourly rate billing Interim Town Manager Joe Hennig and I discussed the hourly arrangement and we agreed it may not be the best structure, because it imposes a sort of "chilling effect" on the Town, since every call to me costs the Town money. We agreed that it could be an improvement to settle on a retainer for the 2008 calendar year so that the Town would know what the legal/lobby fees would be and I would be given a specific and discrete work assignment. Me 2008 AssiLTment The Texas Legislature is organized around standing committees, and the Senate Education Committee is conducting a study of facilities funding for public schools. The Interim Town Manager and I agreed that it made sense for the Town to retain me at a capped rate of $15,000 to (1) monitor the Education Committee's actions on this study and (2) to coordinate with the Town and the larger charter school community to ensure charter schools facilities funding is addressed at the same time as for traditional public schools. The assignment included the thought that a representative from Westlake Academy might participate in the committee hearing and that I would assist both in guiding the testimony and in briefing the committee members in advance of and after the hearing. The Proposal We propose that Westlake pay Akin Gump Strauss Hauer & Feld LLP ("Akin Gump") legislative fees in the amount of $15,000 for work in 2008 related to the Texas Legislature's approach to and policies concerning funding for charter schools. This representation is directed solely toward the Texas Legislature and not the Texas Education Agency ("TEA"), and does not include any work in connection with efforts to reduce or eliminate TENs imposition of fines or penalties on Westlake Academy. This is fee includes work in connection with the following tasks: 0 ) preparation of an inventory of all the participants in charter school policies before the Texas Legislature, listed in Exhibit "A", attached to this Proposal; (2) monitoring activity of the Senate Education Committee, with particular focus on its charge related to public school facilities funding (described more fully in Exhibit "B", attached to this Proposal); AKIN GUMP STRAUISS HAUER 1.2,t FF-LDL.LP wn� Attorneys at Law (3) coordinating Westlake and Westlake Academy to determine appropriate witnesses to appear at Senate Education Committee hearing on behalf of Westlake Academy and the statewide charter school movement, and assist in preparation of testimony; f4) communicating with elected officials as necessary and effective to tell the story of charter schools' need for more, and more equitable, public funding-, and (5) preparation of full and complete periodic reports to Westlake on activities related to charter school issues. Prot,)osed Payment Terms Akin Gump's payment policy includes a goal of receiving payment for our work in the year the work is perforined, which means that we bill in advance of each payment period. Thus, under the initial Proposal, Akin Gump proposes to bill Westlake for one half the retainer in July, and the second half in December, 2008. In this manner, the law firm will be paid in full by Westlake before the end of fiscal year 2008, for 2008 work. �jurqmary Fhe work described in this revised Proposal has not changed from the work set forth in the initial Proposal. The work is important and time consuming and is offered at a very low rate as a gesture of our continuing commitment to serve Westlake and Westlake Academy. Our main goal in preparing the Proposal was to reduce the hesitancy the Town might feel in contacting the law firm due to concerns about legal fees. Under this Proposal, the fees are set and cannot soar "out of control" as might otherwise be feared. If this revised Proposal is acceptable, please sign as indicated and return to me, retaining a copy for your files. We very much appreciate Westlake's business and we look forward to helping with this important initiative. Very truly yours, Jody Richardson AKIN DUMP �;TR,-\USS HAUTER & FEI-Dti,v Attorneys at Law Tom Brymejo June 30, 20tl Page 5 By: Title- Town Manager RM Attachments: Exhibit "A" and Exhibit "B" K i 54XI N I EXHIBIT "A" Texas Charter C.H.O.I.C.E -- Founded by charter school educators, Charter C.H.O.I.C.E. provides charter school administrators, teachers, parents, and students a unified voice, in so doing, Charter C.H.O.I.C.E. serves as a conduit through which individuals may join with others in showing their unified support of Texas charter schools. Association of Charter Educators of Texas -- ACE began as an outgrowth of an informal working group that arose around the common interests of our diverse community of schools. ACE incorporated in January 2001 as a 501 (c) (3) non-profit and now operates as the statewide inembership organization serving open -enrollment and college or university charter schools. ACE serves its member schools through the following: Offering technical assistance by hosting workshops and trainings throughout the State of Texas; acting as an advocate and liaison for charters with the Texas Education Agency through its bimonthly meetings with the Commissioner of Education and senior staff of the Texas Education Agency; Providing statewide and regional networking opportunities for charter educators in Texas; and Serving as the voice of Texas charters by providing information to the Texas Legislature. ACE is governed by a 19- member board with 15 of those members elected by member school sponsoring entities in each region. The remaining 4 members are At -Large Representatives and are elected by ACE Board Officers. ACE serves charters throughout the state through member -elected ACE Board representation in each of 7 distinct geographic areas across Texas. There are 84 ACE charter members representing approximately 165 charter campuses in Texas. The Alliance of Charter Schools of Texas -- This is a combination of Charter C.H.O.I.C.E. and ACE. The Alliance of Charter Schools of Texas is an alliance of charter schools that share a common goal of serving and supporting the breadth and depth of effective charter schools in this state. This includes but is not limited to working toward the E's of Equitable Funding, Equitable Due Process, and an accountability system that accurately demonstrates a school's Effectiveness in serving students and meeting its mission. Charter School Policy institute -- The Institute proactively provides timely high quality information, analysis, and opinion to policymakers, thought leaders, and key stakeholders in Texas and across the nation. By elevating policy discussions above the noise of day-to-day charter school operator issues, CSPI is a resource for independent information about quality public charter schools. The Institute's efforts stem from the belief that the power of credible and unbiased information in the hands of key stakeholders can influence the direction of Texas charters and increase the 1 of quality of public school choice. CSPI works to ensure the new generation of public charter schools fulfills their potential to transform public education. The Institute convenes academic, business, school, and civic leaders in discussion forums, facilitates and promotes policy reports and research on issues critical to school improvement, and offers analysis and opinion to the media and key stakeholders. The Institute is located in Austin and led by Jonas Chartock, President and CEO. The staff includes a Policy and Research Director, an Executive Assistant/Office Manager, and Research Fellows who advance the work of Institute. When appropriate, CSPI collaborates with universities, foundations, government, and other policy centers in the fulfillment of its mission. CSPI has nine focus areas during the launch of the organization. The Institute delivers much of its content virtually through our website. CSPI will also host live events. Next Step -- Formed by CSPI (see above). The Next Step campaign is an effort to build a robust, highly effective statewide association for Texas charter schools. The Charter School Policy Institute is providing the forum and process for building this world class organization Texas Charter Coalition -- This organization operated during the 2003 and 2005 Texas Legislative Sessions. It appears not to currently be operating. Coalition for Effective Charters -- While many charter schools are excelling, some are not. The Coalition for Effective Charters (CEC) was formed to advocate for effective public charter schools as a means of providing a strong and tuition -free education for all Texas children, regardless of income. CEC is comprised of high -performing charter school leaders, concerned parents, business leaders, and other members of the community who are working for legislative change in Texas. The changes would provide facilities funds as incentives to high -performing public charter schools, equitable support for charter schools, and a process to close poor -performing charters so all Texas children receive the education they need to succeed in life. TEACH -- Formed by the Texas Charter Coalition and the Coalition for Effective Charters. TEACH will advocate in conjunction with the Charter School Policy Institute's "Next Step", which is a membership organization. The Resource Center for Charter Schools -- The mission of the Resource Center is to improve public education in Texas by supporting the successful operation of high-quality charter schools. This is done by providing information, access to professional expertise, and direct technical support. The primary goal of the Resource Center is to see that a significant number of established charter schools remain strong, viable, and effective. In addition to daily technical assistance, the RCCS offers conferences, workshops, a website and numerous publications for each charter. The Resource Center was formed in 1997 as a 501(c) 3 non-profit organization by a group of Texas business leaders who understood the vision of Texas charter schools and the significant impact these schools could have on improving the state's public education system. These leaders realized that charter schools may need access to a variety of resources in order to be effective. EXHIBIT "B" Review and make recommendations that address the state's facility infrastructure needs for public schools, ensuring that funding remains stable, reliable, and equitable. Examine the need for funding adjustments for factors that affect the need for facilities such as fast growth, age and condition of facilities, adequacy of space, construction and land costs and concentration of students requiring smaller class sizes. Assess the impact on property taxpayers of "rolling forward" the Existing Debt Allotment each session, and the change in biennial appropriations for the Instructional Facilities Allotment. Town of Westlake Memo To: Honorable Mayor and Members of the Board of Aldermen From: Don Wilson, Director of Public Safety Subject: Regular Meeting of July 28, 2008 Date: July 23, 2008 ITEM Consider approval of a Resolution authorizing the execution of a Municipal Maintenance Agreement and an Amendment to the Municipal Maintenance Agreement. BACKGROUND Texas Department of Transportation (TxDOT) requires a new "Municipal Maintenance Agreement" between the Town and themselves in order to allow modification to State Highways for the purpose of installing red light cameras. The Agreement replaces the current one in place (signed in July 1994). Also required is the "Amendment to the Municipal Maintenance Agreement for the Furnishing, Installing, Operation and Maintenance of Cameras on State Highway Rights -of -Way to Monitor Compliance with Traffic -control Signals." The amendment specifically deals with the red light cameras. Both are required prior to installation of the red light cameras and both remain in effect as long as the cameras are in operation. However, if the cameras are removed, the new "Municipal Maintenance Agreement" remains in effect while the Amendment would be void. FUNDING No Funding is required RECOMMENDATION Staff Recommends approval ATTACHMENTS: 1) Letter: Texas Department of Transportation dated May 9, 2008 2) Existing Municipal Maintenance Agreement 3) Resolution No. 08-48 4) Municipal Maintenance Agreement (Feb. 2004 revision) 5) Amendment to Municipal Maintenance Agreement for the Furnishing, Installing, Operation and Maintenance of Cameras on the State Highway Rights -of -Way to Monitor Compliance with Traffic -Control Signals Texas Department of Transportation P.O. BOX 133067 • DALLAS. TEXAS 75313-3067 • (214) 320-6100 May 9, 2008 Red Light Running Enforcement Cameras for locations on the State highway rights of way Town of Westlake Denton County Mr. Don Wilson Director of Public Works Town of Westlake 3 Village Circle, Suite 202 Westlake, TX 76262 Dear Mr. Wilson: We received your request to install red light enforcement cameras at the intersections of SH 170 at US 377 and SH 114 at Trophy Lake Drive. We are writing to provide you information regarding the installation of cameras on the state highway rights of way for red light running enforcement. As you are aware, the Attorney General's Office has ruled on this issue, and TxDOT has established guidelines for the installation of this equipment on the state highway system. We must ensure the equipment installation will not interfere with the normal operation of the traffic signal. Prior to installation of this equipment on the state highway rights of way the following information must be submitted to TxDOT: • Crash history for the previous 18 months to support the use of camera enforcement as a method of reducing crashes at a specific intersection. • Documentation showing that other improvements have been made or methods have been used to reduce crashes at a specific location prior to requesting installation of cameras. Wiring diagram of the cameras in relation to the traffic signals. • Location of a separate electrical service point for the cameras. • Layout of additional signing or striping in accordance with the Texas Manual on Uniform Traffic Control Devices (TMUTCD)_ • Citation data relating to red light running for the past 12 months, either citywide or location specific. Once these items have been submitted to TxDOT for review, the current Municipal Maintenance Agreement (MMA) executed between the Town and the State must be amended to include red light running enforcement cameras. Copies of the required agreements are attached for your information. TxDOT is reviewing the exhibits from the current MMA and will update them as needed. We will forward two sets of each agreement with exhibits to you at a later date for signatures. Page 2 May 9, 2008 Mr. Wilson We appreciate your interest in providing a safe, efficient and effective movement of people and goods on the state highway system. Feel free to contact Ms. Melanie Young, P.E., 214-320-6229, if needed. Sincerely, James K. Selman, P.E. Director of Transportation Operations Attachments 1) Municipal Maintenance Agreement (Feb 2004 revision) 2) Amendment to Municipal Maintenance Agreement for the Furnishing, Installing, Operation and Maintenance of Cameras on the State Highway Rights of Way to Monitor Compliance with Traffic -Control Signals 3) Existing Municipal Maintenance Agreement Teu� or r..n,vavrw� Form 1038 Rev. 3/94 Previous versions are obsolete. DHT k 122504 Municipal Maintenance Agreement STATE OF TEXAS * COUNTY OF TRAVIS * THIS AGREEMENT made this day of s '19 i , by and between the State of Texas, hereinafter referred to as the "State", party of the first part, and the City of WESTLAKE DENTON County, Texas (population 185 , 19 90 , Federal Census) acting by and through its duly authorized officers, hereinafter called the "City", party of the second part. WITNESSETH WHEREAS, the City has requested the State to assist in the maintenance of State Highway routes within such City; and WHEREAS, the Executive Director, acting for and in behalf of the Texas Transportation Commission, has made it known to the City that the State will assist the City in the maintenance, control, supervision and regulation of State Highway routes within such City, conditioned that the City will enter into agreements with the State for the purpose of determining the responsibilities of the parties thereto: AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, it is agreed as follows: Coverage 1. This agreement is intended to cover and provide for State participation in the maintenance of the following classification of State Highway routes within the City: A. Non -Controlled Access routes or portions thereof which are described and/or graphically shown as "State Maintained" routes in Exhibit "A", which is attached hereto and made a part hereof. B. All State Highway routes or portions thereof which have been designated by the Texas Transportation Commission as Controlled Access Highways and which are described and/or graphically shown in Exhibit "B", which is attached hereto and made a part hereof. 1 of 6 Form 1038 Rev. 3194 Previous versions are obsolete. 2. In the event that the present system of State Highway routes within the City is changed by cancellation, modified routing, new routes or change in the City's corporate limits, the State shall terminate maintenance and this agreement shall become null and void on that portion of the routes which are no longer routes of a State Highway; and the full effect and all conditions of this agreement shall apply to the changed routes or new routes of the State Highways within the City and shall be classified as "State Maintained" under paragraph 1 above, unless the execution of a new agreement on the changed portion of the routes is requested by either the City or the State. General Conditions The City hereby agrees and does hereby authorize the State to maintain the State Highway routes covered by this agreement in the manner set out herein. 2. The City shall retain full responsibility for all items that affect property rights, life, health, etc., of property owners and dwellers adjacent to the State Highway routes and portions thereof. 3. This agreement shall supplement any special agreements between the State and the City for the maintenance and/or construction of the highways covered herein and this agreement shall supersede any existing Municipal Maintenance Agreements. 4. Traffic regulations, including speed limits, will be established after traffic and engineering surveys have been conducted. 5. The State will erect and maintain all traffic signs necessary to regulate, warn and guide traffic on highway routes in a safe and efficient manner. 6. It is mutually agreed that, subject to approval by the State, any street lighting system may be installed by the City provided the City shall pay all cost of installation, maintenance and operation except in those installations specifically covered by separate agreements between the City and State. 7. It is understood and agreed that this agreement is for the purpose of defining the authority and responsibility of both parties for maintenance of highway routes through the City and shall in no way be considered to cover any present or past obligation either real or anticipated concerning such State Highway routes through the City. 8. The City shall prohibit the movement of loads over State Maintained. streets which exceed the legal limits for either weight, length, height or width, as prescribed by State law for public highways outside corporate limits of cities, except those having proper permits from the State for such movements. The City shall also, by ordinance and enforcement, prescribe and enforce lower weight limits when mutually agreed by the City and the State that such restrictions are needed to avoid damage to the street and/or for traffic safety. 9. The City shall prevent future encroachments within the right of way of the highway routes and assist in removal of any present encroachments when requested by the State except where specifically authorized by separate agreement; and prohibit the planting of trees or shrubbery or the creation or construction of any other obstruction within the right of way without prior agreement with the State. 2of6 Form 1038 Rev. 3/94 Previous versions are obsolete. 10. The City agrees that traffic control devices, such as signs, traffic signals and pavement markings, in respect to type of device, points of installation and necessity will be determined by traffic and engineering surveys. The City agrees that it will not install, maintain or permit the installation of any type of traffic control device which will affect or influence the utility of the State Highway routes unless approved in writing by the State. Traffic control devices installed prior to the date of this Agreement are hereby made subject to the terms of this Agreement and the City agrees to the removal of such devices which affect or influence the utility of the State Highway routes unless their continued use is approved in writing by the State. It is understood that approval for future installations of traffic control signals by the State or as a joint project with the City, will be indicated by signature of the plans. 11. The City agrees to assure the grantee's conformance, for proper construction and maintenance of access driveway facilities, in accordance with "Regulations for Access Driveways to State Highways" adopted by the Texas Department 'of Transportation or in accordance with other standards and specifications for the design, construction and maintenance details subject to approval by the Texas Department of Transportation. 12. It is understood that the use of unused right of way and areas beneath structures will be as determined by a separate agreement. 13. On those State Highway routes and portions thereof which are listed and/or graphically shown on Exhibit "A" as "City Maintained" routes, the City agrees to provide bridge inspection and inventory data to the State in accordance with National Bridge Inspection Standards. Non -Controlled Access Highways The following specific conditions and responsibilities shall be applicable to non -controlled access highways in addition to the "General Conditions" contained herein above. Routes of non -controlled access highways or portions thereof covered by this section are those listed and/or graphically shown in Exhibit "A". State's Responsibilities 1. Maintain the traveled surface and foundation beneath such traveled surface necessary for the proper support of same under vehicular loads encountered and maintain the shoulders. 2. Assist in mowing and litter pickup. 3. Assist in sweeping and otherwise cleaning the pavement. 4. Assist in snow and ice control. 5. Maintain drainage facilities within the limits of the right of way. 6. Install and maintain normal regulatory warning and guide signs and normal markings for directing highway traffic in a safe and efficient manner. This includes school safety devices, school crosswalks and crosswalks installed in conjunction with pedestrian signal heads. It does not include other pedestrian crosswalks. Any other traffic striping desired by the City may be placed and maintained by the City subject to the approval of the State. 3of6 Form 1038 Rev. 3194 Previous versions are obsolete. 7. Install, operate and maintain traffic signals in cities with less than 50,000 population. 8. Install all Federally -funded, off -system traffic signals and on -system traffic signals in cities greater than 50,000 population. City's Responsibilities Prohibit angle parking, except upon written approval by the State after traffic and engineering surveys have been conducted to determine that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. 2. Install and maintain all parking restriction signs, pedestrian crosswalks, parking stripes and special guide signs when agreed to by the State and traffic signals in cities with over 50,000 population. Signing and marking of intersecting city streets to State Highway routes will be the full responsibility of the City. 3. Require installations, repairs, removals or adjustments of publicly or privately owned utilities or services to be performed in accordance with Texas Department of Transportation specifications and subject to approval of the State. 4. Maintain highway drainage facilities outside the limits of the right of way. 5. Retain all functions and responsibilities for maintenance, control, supervision and regulation which are not specifically described as the responsibility of the State. The assistance by the State in maintenance of roadway ditches does not relieve the City of its responsibility for drainage of the highway facility within its corporate limits except where participation by the State other than above is specifically covered in a separate agreement between the City and the State. 6. Maintenance and operation of all Federally -funded, off -system traffic signals and on -system traffic signals in cities greater than 50,000 population. Controlled Access Highways The following specific conditions and responsibilities shall be applicable to controlled access highways in addition to the "General Conditions" contained herein above. Routes of controlled access highways or portions thereof covered by this section are those listed and/or graphically shown in Exhibit `B". State's Responsibilities Maintain the traveled surface of the through lanes, ramps and frontage roads and foundations beneath such traveled surface necessary for the proper support of same under vehicular loads encountered. 2. Mow and clean up litter within the outermost curbs of the frontage roads or the entire right of way width where no frontage roads exist, and assist in performing these operations between the right of way line and the outermost curb or crown line of the frontage roads in undeveloped areas. 4of6 Form 1038 Rev. 3/94 Previous versions are obsolete. Sweep and otherwise clean the through lanes, ramps, separation structures or roadways and frontage roads. 4. Remove snow and control ice on the through lanes and ramps and assist in these operations as the availability of equipment and labor will allow on the frontage roads and separation structures or roadways. Install and maintain all normal markings and signs on the main lanes and frontage roads necessary for the proper use of the facility and direction of traffic thereon. This includes school safety devices, school crosswalks and crosswalks installed on frontage roads in conjunction with pedestrian signal heads. It does not include other pedestrian crosswalks. 6. Install, operate and maintain traffic signals at ramps and frontage road intersections. 7. Maintain all drainage facilities within the limits of the right of way. City's Responsibilities Restrict parking on frontage roads to parallel parking on one side only and prohibit all parking on main lanes and ramps and at such other places where such restriction is necessary for satisfactory operation of traffic, by passing and enforcing ordinances and taking other appropriate action in addition to full compliance with current laws on parking. 2. When considered necessary and desirable by both the City and the State, the City shall pass and enforce an ordinance providing for one-way traffic on the frontage roads except as may be otherwise agreed to by separate agreements with the State. 3. Secure or cause to be secured the approval of the State before any utility installation, repair, removal or adjustment is undertaken, crossing over or under the highway facility or entering the right of way. In the event of an emergency, it being evident that immediate action is necessary for protection of the public and to minimize property damage and loss of investment, the City, without the necessity of approval by the State, may at its own responsibility and risk make necessary emergency utility repairs, notifying the State of this action as soon as practical. 4. Pass necessary ordinances and retain its responsibility for enforcing the control of access to the freeway facility. Termination It is understood and agreed between the parties hereto that all obligations of the State created herein to maintain the State Highway routes covered by this agreement shall terminate if and when they are no longer routes of State Highways; and further, that should either party fail to properly fulfill its obligations as herein outlined, the other party may terminate this agreement upon 30 days written notice. Said State assumption of maintenance shall be effective the date of execution of this agreement by the Texas Department of Transporiation. 5of6 Form 1038 Rev. 3/94 Previous versions are obsolete. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of WE S TLAKE on the day of , 19 and the Texas Department of Transportation on the day of 19 . ATTEST: T4G!:F OF WESTLAKE APPROVAL RECOMMENDED: District E n r DALLAS District By A KD2 (Title of Signing Official) THE STATE OF TEXAS Certified as being for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order No. /cam By Director, Construction and Maintenance NOTE: To be executed in triplicate and supported by Municipal Maintenance Ordinance and Certificate of City Secretary. 6of6 EXHIBIT "A" NON CONTROLLED ACCESS HIGHWAY I. STATE MAINTAINED A. STATE HIGHWAY 114: From the West City Limits to the Southeast City Limit (Base, Surface, Assist in sweeping, Mowing, Cleaning litter and in maintenance of roadway ditches) B. STATE HIGHWAY 377: From the South City Limit to the North City Limit (those portions within the city limits)(Base, Surface, Assist in sweeping, Mowing, Cleaning litter and in maintenance of roadway ditches) II. CITY MAINTAINED None EXHIBIT "B" I. STATE MAINTAINED A. STATE HIGHWAY 170, II. CITY MAINTAINED None yyH t� V O+ A-10•cE CIi ; �M,T ' o o a �Z ^so ' h v 1 S/JMWR 1 pIOGE PEARSON a a 11F-'• /fy�iu a n Z Cf rtPD� Irlf -.KI cn "1Vi ': 1[r...:... V W 1 I Tu N 1 f C a 1 1 ♦ vrOSOR , oo•• I ^ID i^✓ ift Q in IF t' ` (u ^W \J rr N- H (D (D t-- (D K r• � r -h rtn SN ,r,• NCKOR• O+ A-10•cE CIi ; �M,T ' o o a �Z ^so ' h v 1 S/JMWR 1 pIOGE PEARSON a a .+ a a n Z Cf Z l r � 3 _- 0 '':':�,.' 9� :IIH ': 1[r...:... 1 f C a vrOSOR , oo•• I Z � S SN ,r,• NCKOR• SAM) rKl •^ S t1ME RICK t I r �G APE AR90R�s ' Wk OERNEsS ` AKE MARAhTNA T�L MORGAN X CEDAR � y w3� � ralM OSA ,.O's 'z AA CS'' � s O� �O D i A 1 S S A`r a / a a / O x O Z l r � 3 O P:. 0 '':':�,.' 9� :IIH ': 1[r...:... 1 f C a '0qr z r MORrAS I ti0or 1 \ im OIO C C - -- y r IF L Z ' 40«r.O+E Cit yr < I11Y0)li 'Z; • c.e O C7 p CDCD - o Q CD m D # >D Z , RO A NOKf a ^ OVN a Q I ,• A ' I( �' t h r op a O a wAf NDT o NA VI fl tAiN KIS_ _ _ ,.I _ ,` Ih. t•i ) DORMAN _� .. ; NN',«r ifN A' _11AAABERI IN • ' 1 �� A � 2 � .tl Fly, r - r g c 0 D / Q a I s a . SIM.N! R •^ t � i DAIf } I r SIN.,WR a ' + f PEARSON ar 0 0 I I F D n�osoR � � • � ..tXXC •'� z / I a f SN n NCKOR• SAME) 1191 IL 0 �• A ; of •" +? ? LIMErKCA ',n t \•� i� l7H T Y: z ' 'G APE ARBOR;.' O ( t "----------L ------- --'•- ROB(R/S .x000 -SOvt..L, AKE _______ >< MARANThA A O x t 1 O 10 SI In � n r •OLLAIp tRl MORGAN >If' Q C, CQ CEDAR313 o S 50( cl- -- 1 SC •*lam TOWN OF WESTLAKE RESOLUTION NO. 08-48 AUTHORIZING THE EXECUTION OF A MUNICIPAL MAINTENANCE AGREEMENT AND AN AMENDMENT TO THE MUNICIPAL MAINTENANCE AGREEMENT FOR THE FURNISHNG, INSTALLING, OPERATION AND MAINTENANCE OF CAMERAS ON STATE HIGHWAY RIGHTS-OF-WAY TO MONITOR COMPLIANCE WITH TRAFFIC -CONTROL SIGNALS WHEREAS, the Board of Aldermen having passed an resolution for the installation of cameras on State Highways for the purpose of monitoring compliance with traffic -control signals and the enforcement of State Laws pertaining to such highways; and WHEREAS, the Board of Aldermen finds that the procedures and requirements set forth by the Texas Department of Transportation for the maintenance of said State Highways located within the Town limits requires the approval of a Municipal Maintenance Agreement; and WHEREAS, the Board of Aldermen finds that the Texas Department of Transportation requires an amendment to the Municipal Maintenance Agreement for the Furnishing, Installation, Operation and Maintenance of Cameras on State Highway Rights -of -Way to Monitor Compliance with Traffic -control Signals; and WHEREAS, the approval of said agreements is in the best interest of the Town and public safety NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN TO THE TOWN OF WESTLAKE, TEXAS: SECTION 1. The above findings are hereby found to be true and correct and are incorporated herein in the entirety. SECTION 2. The Board of Aldermen of the Town of Westlake, Texas, hereby approves the "Municipal Maintenance Agreement" and the "Amendment to the Municipal Maintenance Agreement for the Furnishing, Installation, Operation and Maintenance of Cameras on State Highway Rights -of -Way to Monitor Compliance with Traffic -control Signals" executed between the Texas Department of Transportation on behalf of the Town of Westlake, Texas. Said agreements are as shown in Exhibit A. PASSED AND APPROVED ON THIS 28th DAY OF JULY 2008. ATTEST: Laura Wheat, Mayor Kim Sutter, Town Secretary Thomas Brymer, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Form 1038 (Rev. 212004) Tem MUNICIPAL MAINTENANCE AGREEMENT Dfparfmrn! pl Trans�tafion STATE OF TEXAS § COUNTY OF TRAVIS § THIS AGREEMENT made this day of , 2008, by and between the State of Texas, hereinafter referred to as the "State," party of the first part, and the City of Westlake , Denton County, Texas (population , 2000, latest Federal Census) acting by and through its duly authorized officers, hereinafter called the "City," party of the second hart. WITNESSETH WHEREAS, Chapter 311 of the Transportation Code gives the City exclusive dominion, control, and jurisdiction over and under the public streets within its corporate limits and authorizes the City to enter agreements with the State to fix responsibilities for maintenance, control, supervision, and regulation of State highways within and through its corporate limits; and WHEREAS, Section 221.002 of the Transportation Code authorizes the State, at its discretion, to enter agreements with cities to fix responsibilities for maintenance, control, supervision, and regulation of State highways within and through the corporate limits of such cities; and WHEREAS, the Executive Director, acting for and in behalf of the Texas Transportation Commission, has made it known to the City that the State will assist the City in the maintenance and operation of State highways within such City, conditioned that the City will enter into agreements with the State for the purpose of determining the responsibilities of the parties thereto; and WHEREAS, the City has requested the State to assist in the maintenance and operation of State highways within such City: AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, it is agreed as follows: For this agreement, the use of the words "State Highway" shall be construed to mean all numbered highways that are part of the State's Highway System. Page 1 of 8 COVERAGE This agreement is intended to cover and provide for State participation in the maintenance and operation of the following classifications of State Highways within the City: A. Non -Controlled Access highways or portions thereof which are described and/or graphically shown as "State Maintained and Operated" highways in Exhibit "A," which is attached hereto and made a part hereof. rt. All State highways or portions thereof which have been designated by the Texas Transportation Commission or maintained and operated as Controlled Access Highways and which are described and/or graphically shown in Exhibit "B," which is attached hereto and made a part hereof. 2. In the event that the present system of State highways within the City is changed by cancellation, modified routing, or new routes, the State will terminate maintenance and operation and this agreement will become null and void on those portions of the highways which are no longer on the State Highway System; and the full effect and all conditions of this agreement will apply to the changed highways or new highways on the State Highway System within the City; and they shall be classified as "State Maintained and Operated" under paragraph 1 above, unless the execution of a new agreement on the changed or new portions of the highways is requested by either the City or the State. 3. Exhibits that are a part of this agreement may be exchanged with both parties' written concurrence. Additional exhibits may also be added with both parties' written concurrence. GENERAL CONDITIONS The City authorizes the State to maintain and operate the State highways covered by this agreement in the manner set out herein. 2. This agreement is between the State and the City only. No person or entity may claim third party beneficiary status under this contract or any of its provisions, nor may any non-party sue for personal injuries or property damage under this contract. 1 This agreement is for the purpose of defining the authority and responsibility of both parties for maintenance and operation of State highways through the City. This agreement shall supplement any special agreements between the State and the City for the maintenance, operation, and/or construction of the State highways covered herein, and this agreement shall supersede any existing Municipal Maintenance Agreements. 4. Traffic regulations, including speed limits, will be established only after traffic and engineering studies have been completed by the State and/or City and approved by the State. Dann 0 of P 5. The State will erect and maintain all traffic signs and associated pavement markings necessary to regulate, warn, and guide traffic on State highways within the State right-of- way except as mentioned in this paragraph and elsewhere in this agreement. At the intersections of off -system approaches to State highways, the City shall install and maintain all stop signs, yield signs, and one-way signs and any necessary stop or yield bars and pedestrian crosswalks outside the main lanes or outside the frontage roads, if such exist. The City shall install and maintain all street name signs except for those mounted on State maintained traffic signal poles or arms or special advance street name signs on State right-of-way. All new signs installed by the City on State right-of-way shall meet or exceed the latest State breakaway standards and be in accordance with the Texas Manual on Uniform Traffic Control Devices, latest edition and revision. All existing signs shall be upgraded on a maintenance replacement basis to meet these requirements. 6. Subject to approval by the State, any State highway lighting system may be installed by the City provided the City shall pay or otherwise provide for all cost of installation, maintenance, and operation except in those installations specifically covered by separate agreements between the City and State. 7. The City shall enforce the State laws governing the movement of loads which exceed the legal limits for weight, length, height, or width as prescribed by Chapters 621, 622, and 623 of the Transportation Code for public highways outside corporate limits of cities. The City shall also, by ordinance/resolution and enforcement, prescribe and enforce lower weight limits when mutually agreed by the City and the State that such restrictions are needed to avoid damage to the highway and/or for traffic safety. 8. The City shall prevent future encroachments within the right-of-way of the State highways and assist in removal of any present encroachments when requested by the State except where specifically authorized by separate agreement; and prohibit the planting of trees or shrubbery or the creation or construction of any other obstruction within the right-of-way without prior approval in writing from the State. 9. Traffic control devices such as signs, traffic signals, and pavement markings, with respect to type of device, points of installation and necessity, will be determined by traffic and engineering studies. The City shall not install, maintain, or permit the installation of any type of traffic control device which will affect or influence the use of State highways unless approved in writing by the State. Traffic control devices installed prior to the date of this agreement are hereby made subject to the terms of this agreement and the City agrees to the removal of such devices which affect or influence the use of State highways unless their continued use is approved in writing by the State. It is understood that basic approval for future installations of traffic control signals by the State or as a joint project with the City, will be indicated by the proper City official's signature on the title sheet of the plans. Both parties should retain a copy of the signed title sheet or a letter signed by both parties acknowledging which signalized intersections are covered by this agreement. Any special requirements not covered within this agreement will be covered under a separate agreement. 10. New construction of sidewalks, ramps or other accessibility related items shall comply with current ADA standards. The city is responsible for the maintenance of these items. Page 3 of 8 11. If the City has a driveway permit process that has been submitted to and approved by the State, the City will issue permits for access driveways on State highway routes and will assure the grantee's conformance, for proper installation and maintenance of access driveway facilities, with either a Local Access Management Plan that the City has adopted by ordinance and submitted to the State or, if the City has not adopted by ordinance and submitted to the State a Local Access Management Plan, the State's "Regulations for Access Driveways to State Highways" and the State's Access Management Manual. If the City does not have an approved city-wide driveway permit process, the State will issue access driveway permits on State highway routes in accordance with the City's Local Access Management Plan, adopted by city ordinance and submitted to the State or, if the City has not adopted by ordinance and submitted a Local Access Management Plan, the State's "Regulations for Access Driveways to State Highways" and the State's Access Management Manual. 12. The use of unused right-of-way and areas beneath structures will be determined by a separate agreement. NON -CONTROLLED ACCESS HIGHWAYS The following specific conditions and responsibilities shall be applicable to non -controlled access State highways in addition to the "General Conditions" contained herein above. Non - controlled access State highways or portions thereof covered by this section are those listed and/or graphically shown in Exhibit "A." State's Responsibilities (Non -Controlled Access) Maintain the traveled surface and foundation beneath such traveled surface necessary for the proper support of same under vehicular loads encountered and maintain the shoulders. 2. Assist in mowing and litter pickup to supplement City resources when requested by the City and if State resources are available. 3. Assist in sweeping and otherwise cleaning the pavement to supplement City resources when requested by the City and if State resources are available. 4. Assist in snow and ice control to supplement City resources when requested by the City and if State resources are available. 5. Maintain drainage facilities within the limits of the right-of-way and State drainage easements. This does not relieve the City of its responsibility for drainage of the State highway facility within its corporate limits. 6. Install, maintain, and operate, when required, normal regulatory, warning and guide signs and normal markings (except as provided under "General Conditions" in paragraph 5). In cities with less than 50,000 population, this also includes school safety devices, school crosswalks, and crosswalks installed in conjunction with pedestrian signal heads. This does not include other pedestrian crosswalks. Any other traffic striping desired by the City may be placed and maintained by the City subject to written State approval. Paae 4 of 8 7. Instalf, operate, and maintain traffic signals in cities with less than 50,000 population. 8. In cities equal to or greater than 50,000 population, the State may provide for installation of traffic signals when the installation is financed in whole or in part with federal -aid funds if the City agrees to enter into an agreement setting forth the responsibilities of each party. City's Responsibilities (Non -Controlled Access) Prohibit angle parking, except upon written approval by the State after traffic and engineering studies have been conducted to determine if the State highway is of sufficient width to permit angle parking without interfering with the free and safe movement of traffic. 2. Install and maintain all parking restriction signs, pedestrian crosswalks [except as provided in paragraph 6 under "State's Responsibilities {Non -Controlled Accessfl, parking stripes, and special guide signs when agreed to in writing by the State. Cities greater than or equal to 50,000 population will also install, operate, and maintain all school safety devices and school crosswalks. 3. Signing and marking of intersecting city streets with State highways will be the full responsibility of the City (except as provided under "General Conditions" in paragraph 5). 4. Require installations, repairs, removals, or adjustments of publicly or privately owned utilities or services to be performed in accordance with Texas Department of Transportation specifications and subject to approval of the State in writing. 5. Retain all functions and responsibilities for maintenance and operations which are not specifically described as the responsibility of the State. The assistance by the State in maintenance of drainage facilities does not relieve the City of its responsibility for drainage of the State highway facility within its corporate limits except where participation by the State is specifically covered in a separate agreement between the City and the State. 6. Install, maintain, and operate all traffic signals in cities equal to or greater than 50,000 population. Any variations will be handled by a separate agreement. 7. Perform mowing and litter pickup. 8. Sweep and otherwise clean the pavement. 9. Perform snow and ice control. CONTROLLED ACCESS HIGHWAYS The following specific conditions and responsibilities shall be applicable to controlled access highways in addition to the "General Conditions" contained herein above. Controlled access Page 5 of 8 State highways or portions thereof covered by this section are those listed and/or graphically shown in Exhibit "B." State's Responsibilities (Controlled Access) Maintain the traveled surface of the through lanes, ramps, and frontage roads and foundations beneath such traveled surface necessary for the proper support of same under vehicular loads encountered. 2_ Mow and clean up litter within the outermost curbs of the frontage roads or the entire right-of-way width where no frontage roads exist, and assist in performing these operations between the right-of-way line and the outermost curb or crown line of the frontage roads in undeveloped areas. 3. Sweep and otherwise clean the through lanes, ramps, separation structures, or roadways and frontage roads. 4. Remove snow and control ice on the through lanes and ramps and assist in these operations as the availability of equipment and labor will allow on the frontage roads and grade separation structures or roadways. 5. Except as provided under "General Conditions" in paragraph 5, the State will install and maintain all normal markings and signs, including sign operation if applicable, on the main lanes and frontage roads. This includes school safety devices, school crosswalks, and crosswalks installed on frontage roads in conjunction with pedestrian signal heads. It does not include other pedestrian crosswalks. 6. Install, operate, and maintain traffic signals at ramps and frontage road intersections unless covered by a separate agreement. 7. Maintain all drainage facilities within the limits of the right-of-way and State drainage easements. This does not relieve the City of its responsibility for drainage of the highway facility within its corporate limits. City's Responsibilities (Controlled Access) Prohibit, by ordinance or resolution and through enforcement, all parking on frontage roads except when parallel parking on one side is approved by the State in writing. Prohibit all parking on main lanes and ramps and at such other places where such restriction is necessary for satisfactory operation of traffic, by passing and enforcing ordinances/resolutions and taking other appropriate action in addition to full compliance with current laws on parking. 2. When considered necessary and desirable by both the City and the State, the City shall pass and enforce an ordinance/resolution providing for one-way traffic on the frontage roads except as may be otherwise agreed to by separate agreements with the State. Page 6 of 8 3. Secure or cause to be secured the approval of the State before any utility installation, repair, removal, or adjustment is undertaken, crossing over or under the highway facility or entering the right-of-way. In the event of an emergency, it being evident that immediate action is necessary for protection of the public and to minimize property damage and loss of investment, the City, without the necessity of approval by the State, may at its own responsibility and risk make necessary emergency utility repairs, notifying the State of this action as soon as practical. 4. Pass necessary ordinances/resolutions and retain its responsibility for enforcing the control of access to the expressway/freeway facility. 5. Install and maintain all parking restriction signs, pedestrian crosswalks (except as mentioned above in paragraph 5 under "State's Responsibilities"), and parking stripes when agreed to by the State in writing. Signing and marking of intersecting city streets to State highways shall be the full responsibility of the City (except as discussed under "General Conditions" in paragraph 5). 194: 1OF-110612,J All obligations of the State created herein to maintain and operate the State highways covered by this agreement shall terminate if and when such highways cease to be officially on the State highway system; and further, should either party fail to properly fulfill its obligations as herein outlined, the other party may terminate this agreement upon 30 days written notice. Upon termination, all maintenance and operation duties on non -controlled access State highways shall revert to City responsibilities, in accordance with Chapter 311 of the Texas Transportation Code. The State shall retain all maintenance responsibilities on controlled access State highways in accordance with the provisions of Chapter 203 of the Texas Transportation Code, 23 United States Code § 116 and the State's Interstate Maintenance Guidelines as approved by the Federal Highway Administration in accordance with 23 CFR § 635, Subpart E. Said State assumption of maintenance and operations shall be effective the date of execution of this agreement by the Texas Department of Transportation. Pnno 7 of R of IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City on the day of Texas Department of Transportation, on the 2008. ATTEST: 2008, and the day of THE STATE OF TEXAS Executed and approved for the Texas Transportation Commission for the purpose CITY OF and effect of activating and/or carrying out the orders, and established policies or work programs heretofore approved and BY authorized by the Texas Transportation (Title of Signing Official) Commission :1 District Engineer Dallas District The Texas Department of Transportation maintains the information collected through this form. With few exceptions, you are entitled on request to be informed about the information that we collect about you. Under Sections 552.021 and 552.023 of the Texas Government Code, you also are entitled to receive and review the information. Under Section 559.004 of the Government Code, you are also entitled to have us correct information about you that is incorrect. For inquiries call 512-416-3048. NOTE: To be executed in duplicate and supported by Municipal Maintenance Ordinance/Resolution and City Secretary Certificate. Donn Q ref 9 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § AMENDMENT TO MUNICIPAL MAINTENANCE AGREEMENT FOR THE FURNISHING, INSTALLING, OPERATION AND MAINTENANCE OF CAMERAS ON STATE HIGHWAY RIGHTS-OF-WAY TO MONITOR COMPLIANCE WITH TRAFFIC -CONTROL SIGNALS THIS AMENDMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, hereinafter called the 'State", and the City of Westlake, hereinafter called the "City", acting by and through its duly authorized officers. PIA11111- "i, WHEREAS, the State owns and maintains a system of highways and roadways in the City of Westlake pursuant to Transportation Code, Section 201.103; and WHEREAS, the State and the City executed a Municipal Maintenance Agreement on 20 ;and WHEREAS, the City has requested permission to install cameras on state highway rights-of-way to monitor compliance with traffic -control signals, hereinafter referred to as "camera monitoring equipment", at the locations listed on Exhibit A attached hereto and made a part of hereof; and WHEREAS, the State has determined that when the City's installation of camera monitoring equipment will not damage the highway facility, impair safety, impede maintenance, or in any way restrict the operation of the highway, the proposed camera monitoring equipment may be installed by the City or its contractor; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AMENDMENT ARTICLE 1. CONTRACT PERIOD This amendment becomes effective on final execution by the State and shall remain in effect as long as said camera monitoring equipment is in operation at the described locations. ARTICLE 2. TERMINATION This amendment may be terminated by one of the following conditions - 1 ) onditions:1) By mutual agreement of both parties; 2) By the State giving written notice to the City as consequence of failure by the City or its contractor to satisfactorily perform the services and obligations set forth in this amendment, with proper allowances being made for circumstances beyond the control of the City or its contractor. The State's written notice to the City shall describe the default and the proposed termination date. If the City cures the default before the proposed termination date, the proposed termination is ineffective; or 3) By either party upon thirty (30) days written notice to the other. Termination of this amendment shall not serve to terminate the underlying Municipal Maintenance Agreement between the State and the City. ARTICLE 3. COMPENSATION No compensation shall be paid for this amendment. ARTICLE 4. PERSONNEL, EQUIPMENT, AND MATERIAL A. The City will use labor and supervisory personnel employed directly by the City or its contractor, and use City owned or contractor owned machinery, equipment, and vehicles necessary for the work. In the event that the City or its contractor does not have the machinery, equipment, and vehicles necessary to perform the work, the machinery, equipment, and vehicles may be rented or leased as necessary. B. No reimbursement shall be paid for any materials supplied by the City or its contractor. C. Any adjustment, replacement, or reinstallation of the camera monitoring equipment due to reconstruction or alteration of the intersection shall be performed by the City at the City's expense. The State will work with the City to provide adequate notice of any planned work to allow for the necessary modification or removal. D. All installation or maintenance work performed by the City or its contractor requiring traffic control shall be performed in accordance with the Texas Manual on Uniform Traffic Control Devices. ARTICLE 5. INSPECTION OF WORK A. The City or its contractor will furnish the State a complete set of design drawings and installation plans for review. The installation plans shall include all electrical, electronics, signing, civil and mechanical work pertaining to the camera monitoring equipment. B. The State reserves the right to inspect and request modification of any camera monitoring equipment under this agreement both prior to and after installation. No installation may occur until the State has approved the proposed installation. C. The State reserves the right to inspect and approve the completed installation. D. The State will promptly notify the City or its contractor of any failure of materials, equipment, or installation methods, and the City or its contractor will take such measures necessary to obtain acceptable systems components and installation procedures without delay. ARTICLE 6. RESPONSIBILITIES OF THE PARTIES The parties agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. The State shall not be held responsible for the operation (or non -operation) of the camera monitoring equipment or for any effect it may have. The City is responsible for any damage that may occur to state equipment during the installation, maintenance or operation of the camera monitoring equipment. The City is responsible for maintaining the camera monitoring equipment and related signing in good working order and keeping such equipment free from graffiti. ARTICLE 7. DE -ACTIVATION OF CAMERA MONITORING EQUIPMENT The State reserves the right to disconnect and remove camera monitoring equipment from the traffic signals should any problem arise affecting the State. The State will notify the appropriate MMA Amendment Paae 2 of 4 Auaust 24. 2006 City office of the de -activation of the camera monitoring equipment. Upon correction of the problem, the City may reconnect the camera monitoring equipment. ARTICLE 8. INSTALLATION REQUIREMENTS The City or its contractor shall furnish and install all equipment related to the camera monitoring equipment installation. This includes, but is not limited to, camera equipment, camera housing and supporting structure, intersection lighting, vehicle detection system, communications equipment, electrical service and connections, roadway signing, and any interconnection with the signal. The City or its contractor will be responsible for all power costs associated with the operation of the camera monitoring equipment. Electrical connections made to the State's signal equipment shall be optically or otherwise isolated as approved by the State and shall not affect the operation of any component of the traffic signal system including both the signal controller and the conflict monitor/malfunction management unit. Upon written request, the City will be required to supply the State with data related to the operation of the camera monitoring equipment. ARTICLE 10. REMEDIES Violation or breach of contract terms by the City shall be grounds for termination of the amendment, and any increased cost arising from the City default, breach of contract, or violation of terms shall be paid for by the City. This amendment shall not be considered as specifying the exclusive remedy for default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. Before beginning work, the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately. ARTICLE 12. SUCCESSORS AND ASSIGNS The City shall not assign or otherwise transfer its rights or obligations under this amendment except with the prior written consent of the State. ARTICLE 13. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this amendment shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE 14. NOTICES All notices to either party by the other required under this amendment shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following respective addresses: City: Westlake Attn: 3 Village Circle, Suite 202 Westlake, TX 76262 L I State: Texas Department of Transportation Attn: District Engineer P.O. Box 133067 Dallas, TX 75313-3067 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. ARTICLE 15. GOVERNING LAWS AND VENUE This amendment shall be construed under and in accordance with the laws of the State of Texas. Any legal actions regarding the parties' obligations under this agreement must be filed in Travis County, Texas. ARTICLE 16. PRIOR AGREEMENTS SUPERSEDED This amendment constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting within the subject matter. ARTICLE 17. REVISIONS TO EXHIBIT A Revision to the locations listed in Exhibit A may be made if submitted in writing by the City and initialed by both parties. IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of this agreement. THE CITY OF WESTLAKE Executed on behalf of the City by: Date Typed or Printed Name and Title THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By District Engineer Date MMA Amendment Paqe 4 of 4 Auqust 24, 2006 EXHIBIT A Town of Westlake Memo To: Honorable Mayor and Members of the Board of Aldermen From: Kim Sutter, Town Secretary Subject: Regular Meeting of July 28 2008 Date: July 15, 2008 ITEM Consider acceptance of a leave of absence requested by Mayor Pro Tem Don Redding. BACKGROUND In accordance with Local Government Code §22.041(b), Mayor Pro Tem Redding has submitted a request for a leave of absence from the August 17, August 25, and September 8, 2008, regular board meetings. § 22.041. VACANCY ON GOVERNING BODY IS CREATED. (b) If a member of the governing body is absent for three regular consecutive meetings, the member's office is considered vacant unless the member is sick or has first obtained a leave of absence at a regular meeting. RECOMMENDATION No recommendation. FUNDING N/A ATTACHMENTS Letter of request from Mayor Pro Tem Redding DON REDDING 5925 Janet Court Westlake, TX 76262 Town of Westlake 3 Village Circle, Suite 202 Westlake, TX. 76262 To the Honorable Mayor & Board of Aldermen SUBJECT: Leave of Absence Betty and I will be celebrating our 500' Wedding Anniversary in August of this year. It is our plan to enjoy an extended motorhome vacation in the northwestern U.S. Pursuant to Section 22.041(b) of the Texas Local Government Code, I am requesting an approval from the Westlake Board of Alderman for a "leave of absence" from the August 17, 25, and September 8, 2008 regularly scheduled board meetings. Your consideration of the request will be most appreciated. Sincerely, Don Redding Town of Westlake Memo To: Honorable Mayor and Members of the Board of Aldermen From: Tom Brymer, Town Manager Subject: Regular Meeting of July 28, 2008 Date: July 21, 2008 ITEM Consider approval of the Board of Aldermen's Vision, Value, and Mission Statement as well as Vision Focus Points and Key Result Areas. BACKGROUND The Board held a strategic planning retreat June 27-28 to formulate a community vision as well as value statements and a mission statement. These draft statements were then discussed by the Board at its July 14th workshop where subsequent modifications were made to them. The Board reached consensus at its July 14th workshop to consider them for adoption, along with the key result areas the staff had identified under the 3 vision points that are part of the vision statement. FUNDING N/A RECOMMENDATION Approval of the vision statement, value statement, and mission statement as drafted by the Board with the Board's modifications made at its July 14th workshop. Further recommend then using this format in the upcoming budget process as well as the drafting of a strategic plan which will be done and brought to the Board for its discussion in the future. ATTACHMENTS: • Westlake Board of Aldermen Vision, Value, and Mission Statements • Westlake Vision Statement Focus Points with Key Result Areas Westlake Community Vision Westlake is a one- of- a kind community; an oasis with rolling hills, grazing longhorns, and soaring red-tailed hawks, located in the heart of the Fort Worth -Dallas metropolitan area. Inviting neighborhoods and architecturally vibrant corporate campuses find harmony among our meandering roads and trails, lined with native oaks and stone walls. We are leaders. In education we are known for our innovative partnerships between the Town -Owned Charter School and its corporate neighbors. We are environmental stewards — exemplifying the highest standards. Hospitality finds its home in Westlake. As a community, we are fully involved and invested in our rich heritage, dynamic present and exciting, sustainable future. Mission 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. Community Values As a community, Westlake values reflect: • Innovation 1 • A strong knowledge/education base • Being friendly and welcoming • Family focus • Engaged citizens • A unique rural setting emphasizing preservation of our natural beauty • Aesthetic appeal and high development standards Vision Point: Inviting Residential and Corporate Neighborhoods The Town of Westlake enjoys inviting neighborhoods. We are a one -of -a kind community. Westlake is an oasis with rolling hills that blends grazing longhorns and soaring red-tailed hawks with inviting neighborhoods as well as architecturally vibrant corporate campuses that find harmony along our meandering roads and trails, lined with native oaks and stone walls. Key Result Areas supporting this vision point: • On-going comprehensive planning • Sensitivity to neighborhood integrity • Outstanding community appearance • Highest quality development and aesthetic standards • Open space preservation Vision Point: We are Leaders In education we are known for our innovative partnerships between the Town -owned charter school and its corporate neighbors. We are environmental stewards — exemplifying the highest standards. Key Result Areas supporting this vision point: 2 • Premier educational facilities and programs • Producing well educated future leaders and thinkers • Business partnerships with the Town andWestlake Academy • Environmental stewardship initiatives • High quality services delivery coupled with financial stewardship • Infrastructure maintenance and planning Vision Point: Hospitality Finds Its Home in Westlake As a community, we are fully involved and invested in our rich heritage, dynamic present and exciting, sustainable future. Key Result Areas supporting this vision point: • Citizen engagement and communication • Historic Preservation • Tourism development • Arts and culture 11AU01 1 1101 1, 111 IN 3 Comprehensive Planning Neighborhood Integrity Community Appearance Quality Development Aesthetic Standards Open Space Preservation III}0 : Premier Education Facilities & Programs Citizen Engagement Well Educated Future 5511aKe Citizen Business Partnerships with Olraleg Town & Westlake Academy Historic Environmental Stewardship Preservation High Quality Services Tourism Process Development Financial Stewardship Arts and Infrastructure Maintenance Culture and Planning A'90 Comprehensive Planning Neighborhood Integrity Community Appearance Quality Development Aesthetic Standards Open Space Preservation III}0 : Premier Education Facilities & Programs Citizen Engagement Well Educated Future Leaders & Thinkers Citizen Business Partnerships with Communication Town & Westlake Academy Historic Environmental Stewardship Preservation High Quality Services Tourism Coupled with Development Financial Stewardship Arts and Infrastructure Maintenance Culture and Planning Town of Westlake Memo To: Honorable Mayor and Members of the Board of Aldermen From: Tom Brymer, Town Manager Subject: Regular Meeting of July 28, 2008 Date: July 21, 2008 ITEM Consider approval of a Board Policy on Board Meeting Procedures as well as a Board Relations Policy and Code of Ethics. BACKGROUND The Board of Aldermen received these draft policies in advance of their June 27-28 Strategic Planning Retreat. They were subsequently reviewed by the Board at their July 14, 2008 workshop. The Board consensus at that workshop was to consider these policies for adoption at a regular meeting. The policy relating to Board meeting procedures outlines the structure for Board meetings and how they will generally conducted. The Board Relations Policy and Code of Ethics focuses on how the Board will exercise its governance functions as it relates to the community and fellow Board members, as well as the roles and conduct of the Town Manager, Town staff, Mayor, and Aldermen. This policy also sets out how the Mayor and Board will interact with the news media and establishes a code of ethics for the Board. There is one suggested wording change on the Board Meeting Procedures Policy recommended by the Town Attorney that will be reviewed with the Board by the staff at the meeting. FUNDING N/A I�KI�i w.IlF1�l Recommend adoption of these policies as presented and their regular use by the Board. Further recommend that these policies be reviewed by the Board annually at its strategic planning retreat to make sure that they are current, in the form the Board wishes, and that the entire Board is in agreement to abide by them. ATTACHMENTS: • Board Policy on Meeting Procedures • Board Relations Policy and Code of Ethics Town of Westlake POLICY ON BOARD MEETING PROCEDURES DRAFT Upon adoption of this policy by the Board of Aldermen, the following rules and order of business will be adhered to. MEETINGS Regular Meetings will be held on the second and fourth Monday of each month. Special meetings shall be called, upon request of the Mayor or a majority of the members of the Board of Aldermen as prescribed by the Texas Local Government Code Sec. 22.038. Should the Town Manager identify a need for a special meeting, he or she shall consult with the Mayor to schedule said meeting. All meetings shall be subject to the provisions of the Texas Open Meetings Act, V.T.C.A., Government Code, Ch. 551, Open Meetings, as amended. Work Sessions may be scheduled prior to the regular meetings on the second and fourth Monday of the month, as necessary. The time is subject to change at the discretion of the Board of Aldermen or the Town Manager. Periodic Work sessions will also be scheduled to provide the Board of Aldermen with time to discuss short term and long term goals. The general public can, of course, attend such meetings, but may not participate in the proceedings unless invited to do so by the Mayor. Executive Sessions are an exception to the general rule that all meetings are open to the public. Executive Session may be held on the second and fourth Monday of each month. A special meeting can be called by the Mayor and the Town Manager. The Open Meetings Act allows closed meetings in a few specific instances where privacy serves the public interest — i.e. to discuss real estate, economic development, personnel matters. The Board must keep a record of the meeting and it shall be certified by the Mayor to assure that all matters discussed in executive session were properly recorded. AGENDA Agendas are prepared and posted for every meeting of the governmental body. The Mayor, working in conjunction with the Town Manager, will exercise their professional judgment in determining what items of business should come before the Board. Any member of the Town staff wishing to have an item placed on the agenda shall consult with the Town Manager's office and then submit the item to the Town Secretary. Staff will post agenda packets on the internet for all Regular Meetings and Work Sessions no later than the Friday afternoon preceding the week of scheduled meetings. This should afford ample time for all Board members to inquire into the nature of each matter to be discussed or to personally investigate the matter so as to be better informed before a Board meeting. Policy on Board Meeting Procedures Page 1 The Town Secretary's office, in conjunction with the Town Attorney, assumes the responsibility for compliance with the Open Meetings Act. First item on the regular Board agenda shall be to recite the Pledge of Allegiances. These procedures shall apply to all meetings of the Board of Aldermen. The Mayor shall be the presiding officer at all meetings of the Board of Aldermen. In the event of the absence of the Mayor and Mayor Pro Tem, the Mayor shall designate the presiding officer. In the event the Mayor has failed to designate the presiding officer, the Board member with the most seniority shall serve as presiding officer. PARLIAMENTARY PROCEDURE In regular and special meetings the Board of Aldermen will utilize reasonable rules of parliamentary procedure in the conduct of its business. Below are examples (not mandatory) of reasonable parliamentary procedure in certain types of actions of the Board of Aldermen: 1. MAIN MOTION: A formal proposal to take certain action. Step 1. Addressing the Chair. (Begin the discussion by having a member make the motion. Motion should be made and seconded. After this, debate can be conducted. (Ex: "Mayor, I move the following..."). SECOND REQUIRED Yes DEBATABLE Yes AMENDABLE Yes VOTE REQUIRED Majority Step 2. Assigning the floor (Mayor recognizes the member) Step 3. Making a motion. Step 4. Seconding a motion. Step 5. Stating the motion (Mayor states the motion) Step 6. Debating the question. (Mayor allows debate, with maker of motion speaking first in debate). Step 7. Putting the question. (Mayor takes the vote after debate is complete). Step 8. Announcing the result of vote. (Mayor announces the vote, members for and against). 2. TO TAKE FROM THE TABLE: To enable an assembly to take up and consider a motion that was postponed temporarily during the same meeting. Maybe used at a future meeting if the item that was tabled was posted. SECOND REQUIRED Yes DEBATABLE No AMENDABLE No VOTE REQUIRED Majority Policy on Board Meeting Procedures Page 2 3. AMENDING A MOTION Any motion may be amended as follows: "Mayor, I move that we amend the motion by (adding, striking our, etc. the words...)." The amendment must be seconded and then it can be discussed. When discussion ends, the amendment is voted on first. If the amendment passes, the original motion is then put to a vote as amended. If the amendment fails, the original motion is put to a vote. SECOND REQUIRED Yes DEBATABLE Yes AMENDABLE Yes VOTE REQUIRED Majority 4. TO OFFER A SUBSTITUTE AMENDMENT: Another way to change an original motion is by use of the Substitute Motion. A substitute motion is an amendment that changes an entire sentence or paragraph. It must be seconded and then discussed. It may be amended and differs only from an amendment in that if the substitute motion passes it does away with the original motion. SECOND REQUIRED Yes DEBATABLE Yes AMENDABLE Yes VOTE REQUIRED Majority 5. LAY A MOTION ON THE TABLE: Sometimes a board or committee may wish to defer action on a motion. One way to accomplish this is to lay a motion on the table. It is in order to move that a main motion be laid on the table when discussion on the main motion has or is about to end. A tabled motion can be brought from the table during the same meeting but is usually done so at a later meeting when unfinished business is being considered. SECOND REQUIRED Yes DEBATABLE No AMENDABLE No VOTE REQUIRED Majority Policy on Board Meeting Procedures Page 3 6. MOTION TO CLOSE DEBATE (call for question): To prevent or stop discussion on the pending question, and to bring the pending question or questions to an immediate vote. SECOND REQUIRED DEBATABLE AMENDABLE VOTE REQUIRED Yes No No 2/3 of members present 7. POINT OF ORDER: Anytime a member feels an incorrect procedure is being used, he or she can interrupt with a point of order request that requires the Mayor to determine the correct procedure. The point of order can have no additional motions applied to the request other than a motion to withdraw. SECOND REQUIRED No DEBATABLE No AMENDABLE No VOTE REQUIRED Mayor must concede or deny. RIGHTS IN DEBATE Robert's Rules of Order says that debate is the discussion regarding a motion that occurs after the presiding officer has restated the motion and before putting it to a vote. When a pending question is presented for consideration to the Board, the presiding officer shall recognize the member who made the motion to speak first and the member who seconded the motion to speak second. When two or more members wish to speak, the presiding officer shall name the member who is to speak first. No member of the Board shall interrupt another while speaking except to make a point of order or to make a point of personal privilege. No member shall speak more than five minutes on any amendment to the question except as further provided in this rule. No member shall speak more than the time limits provided herein on any subject or amendment, and such member may use his or her time in any combination, in separate speech or comments totaling the number of minutes permitted. The Mayor shall not be obligated to recognize any Board member for a second comment on the subject or amendment until every Board member wishing to speak has been allowed a first comment. Board members shall also have the right to yield a portion of time to another member. Any member deciding to speak more than five minutes on any question or more than five minutes on any amendment to the question shall be accorded the privilege without objection upon motion supported by two-thirds of the Board. No member shall be permitted to interrupt while another member is speaking. No Board member shall be permitted to indulge in a discussion of personalities, use language personally offensive, arraign motives of members, charge deliberate Policy on Board Meeting Procedures Page 4 misrepresentation, or use language tending to hold a member of the Board of Aldermen up to contempt. If a member is speaking or otherwise transgressing the rules of the Board, the presiding officer shall or any Board member may call him or her to order in which case he or she shall immediately be quiet unless permitted to explain. The Board shall, if appealed to, decide the case without debate. If the decision is in favor of the member called to order, he or she shall be at liberty to proceed, but not otherwise. CONFLICT OF INTEREST Each Board member should be aware of the conflict of interest regulations, including State provisions and statutes. When a Board member has a conflict of interest with an agenda item, he or she should submit the required affidavit (if required) prior to the beginning of the meeting at which the agenda item is scheduled. Upon introduction of the agenda item, the Board member with the conflict of interest should announce that he or she has a conflict of interest and will not participate in discussion or consideration of the agenda item. It is not necessary that the Board member leave the meeting room. CITIZEN PARTICIPATION Individuals who wish to address the Board of Aldermen on an item posted as a public hearing shall register with the Town Secretary prior to the Mayor's announcement to open the public hearing. Registration forms are available in the lobby. The Mayor will open the public hearing and recognize individuals who wish to come forward to speak for or against the item. The speaker will state their name and address for the record and shall be allowed three minutes. After a public hearing is closed, there shall be no additional public comments. If the Board needs additional information from the general public, some limited comments may be allowed at the discretion of the Mayor. When a large number of participants have indicated an interest in addressing the Board on a zoning case or another regular agenda item, the Mayor or Mayor Pro Tem may set a maximum time limit for the proponents and opponents and a time limit for rebuttal, if necessary. Individuals who wish to address the Board of Aldermen on a consent or regular agenda item not posted as a public hearing shall register with the Town Secretary prior to the Mayor's reading of the agenda item. Registration forms are available in the lobby. The Mayor will recognize individuals who wish to come forward to speak for or against the item. The speaker will state their name and address for the record and shall be allowed three minutes. Policy on Board Meeting Procedures Page 5 Westlake Board of A lderm en Westlake, TX DRAFT i ' 1 RELATIONS POLICY AND CODE OF ETHICS 3 Village Circle, Suite 207 Westlake, TX 76262 (817) 430-0941 www.westlake-tx.org We Will Nevet bring disgrace to this, our City, by any act of dishonesty or cowardice; we will fight for our ideals and sacred things of the City, both alone and with many; we will revere and obey the City's laws and do our best to incite a like respect and reverence in those about us; we will strive unceas- ingly to quicken the pub- lic's sense of civic duty; and thus in all the ways we will strive to transmit this City not only not less Statement of Purpose 2 Section 1 Mayor and Board Relations 2 Section 2 Board and Staff Relations 6 Section 3 Boardand Media Relations 8 The Westlake Board of Aldermen is the governing body for the Town of Westlake; therefore, it must bear the initial responsibility for the integrity of governance. The Board is responsible for its own development (both as a body and as individuals), its responsibilities, its own disci- pline, and its own performance. The development of this policy is designed to ensure effective and efficient govern- ance. This policy will address Mayor and Aldermen relations, Aldermen and Staff relations, and Board and media rela- tions. By adopting these guidelines for elected officials, we acknowledge our responsibility to each other, to our profes- sional staff, and to the public. The Board will govern the Town in a manner associated with a commitment to the preservation of the values and integrity of representative local government and democracy, and a dedication to the promotion of efficient and effective governing. The follow- ing statements will serve as a guide and acknowledge the commitment being made in this service to the community: The Board has as high priorities the continual im- provement of the member's professional ability and the promotion of an atmosphere conducive to the fair exchange of ideas and policies among members. 2. The Board will endeavor to keep the community in- formed on municipal affairs; encourage communica- tion between the residents and the Board; strive for strong working relationships among neighboring mu- nicipalities and elected officials. 3. In its governance role, the Board will continue to be dedicated to friendly and courteous relationships with Staff, other Board members, and the public, and seek to improve the quality and image of public service. 4. The Board will also strive to recognize its responsibility to future generations by addressing the interrelatedness of the social, cultural, and physical characteristics of the ties of the community when making policies. And finally, each Board member will make a commit- ment to improve the quality of life for the individual and the community, and to be dedicated to the faithful stew- ardship of the public trust. Town of Westlake Board of Aldermen Statement of Purpose In order to ensure the proper discharge of duties for the improvement of democratic local government, Westlake Board of Aldermen members should display behavior that demonstrates independent, impartial review of all matters addressed by them and be duly responsible to the resi- dents of Westlake and to each other in their relationships. Section I Mayor — Board Relations A. Mayor's Responsibilities 1. The Mayor shall be the presiding officer at all meetings. The Mayor Pro -tem shall preside in his/her absence. 2. Except as provided for by State law pertaining to voting on Board matters, the Mayor shall have a voice in all mat- ters before the Board. 3. The Mayor shall preserve order and decorum and shall require Board members engaged in debate to limit discus- sion to the question under consideration. 4. The Mayor is the spokesperson for the Board on all matters unless absent, at which time his/her designee will assume the role. 5. The Mayor will encourage all Board members to par- ticipate in Board discussion and give each member an opportunity to speak before any member can speak again on the same subject. The Mayor may limit each speaker to five minutes to ensure an efficient use of time. 6. The Mayor is responsible for keeping the meetings orderly by recognizing each member for discussion, limiting speaking time, encouraging debate among members and keeping discussion on the agenda item being considered. 7. Should a conflict arise among Board members, the Mayor will serve as the mediator. B. Mayor and Board Responsibilities 1. Any Board member may request the Mayor to place an item on the agenda for discussion. Should Staff time be required to address this item, the Mayor will canvass all Board members to determine the support for commitment of Staff time and resources. The same action should be taken by the Mayor when Board con- cerns require Staff time and budget resources. 2. Each Board member is responsible for being pre- pared to attend the meetings and discuss the agenda and is encouraged to attend at least one Texas Mu- nicipal League sponsored conference each year in order to stay informed on issues facing municipali- ties. 3. It is the responsibility of Board members to be informed about previous action taken by the Board in their ab- sence. In the case of absence from a work session where information is given, the individual Board member is responsible for obtaining this information prior to the Board meeting when said item is to be voted upon. 4. When addressing an agenda item, the Board member shall first be recognized by the Mayor, confine himself/ herself to the question under debate, avoid reference to personalities, and refrain from impugning the integrity or motives of any other Board member or Staff member in his/her argument or vote. 5. In the absence of a ruling by the Mayor on any proce- dural matter, a Board member may move to change the order of business or make any other procedural decision deemed appropriate. The affirmative vote of a majority of the Board members present and voting shall be neces- sary to approve the motion. 6. Any Board member may appeal to the Board as a whole from a ruling by the Mayor. If the appeal is seconded, the person making the appeal may make a brief statement and the Mayor may explain his/her position, but no other member may speak on the motion. The Mayor will then put the ruling to a vote of the Board. 7. Any Board member may ask the Mayor to enforce the rules established by the Board. Should the Mayor fail to do so, a majority vote of the Board members present shall require him/her to do so. 8. When a Board member is appointed to serve as liaison to a Board, the Board member is responsible for keeping all Board members informed of significant Board activities. C. Code of Conduct for Mayor and Board Members During the Board meetings, Board members shall preserve order and decorum, shall not interrupt or delay proceedings, and shall not refuse to obey the orders of the Mayor or the rules of the Board. Board members shall demonstrate respect and courtesy to each other, to Town Staff members, and to members of the public appearing before the Board. Board members shall refrain from rude and derogatory comments and shall not belittle Staff members, other Board members, or members of the public. They should not use their position to secure special privileges and should avoid situations that could cause any person to believe that they may have brought bias or partiality to a question or issue before the Board. 2. Members of the Board will not condone any unethical or ille- gal activity. All members of the Board agree to uphold the intent of this policy and to govern their actions accordingly. Section II Board and Staff Relations No single relationship is as important as that of the Board and their Town Manager in effectively governing the Town of Westlake. It is for this reason that the Board and Town Manager must under- stand their respective roles in that process. The Town Manager is the primary link between the Board and the professional Staff. The Board's relationship with the Staff shall be through the Town Man- ager. In order to ensure proper presentation of agenda items by Staff, questions arising from Board members after receiving their information packet should be, whenever possible, pre- sented to the Town Manager for Staff consideration prior to the Board meeting. This allows the Staff time to address the Board member's concern and provide all Board members with the additional information. The Town Manager shall designate the appropriate Staff member to address each agenda item and shall see that each presentation is prepared and presented in order to inform and educate the Board on the issues which require Board action. The presentation should be professional, timely, and allow for discussion of options for resolving the issue. The Staff mem- ber making the presentation shall either make it clear that no Board action is required, or present the specific options for Board consideration. 3. The Town Manager is directly responsible for providing information to all the Board concerning any inquiries by a specific Board member. If the Town Manager or his/her Staff's time is being dominated or misdirected by a Board member, it is his/her responsibility to inform the Mayor. 6 4. The Town Manager will be held responsible for the professional and ethical behavior of himself/herself and the discipline of his/her Staff. The Town Manager is also responsible for seeing that his/her Staff re- ceives the education necessary to address the issues facing municipal government. 5. Any conflicts arising between the Town Staff and the Board will be addressed by the Mayor and the Town Manager. 6. All Staff members shall show each other, each Board member, and the public respect and courtesy at all times. They are also responsible for making objective, professional presentations to ensure public confi- dence in the process. 7. The Town Manager, after an election, will make sure that the Staff has prepared information needed for the orientation of new Board members and inform them of any Texas Municipal League conferences and semi- nars available. The Town Manager will also be responsible for meeting personally with new members and informing them about Town facili- ties and procedures. 8. The Town Manager is responsible for the orientation of all new Board members after an election. The orientation shall include Board proce- dures, Staff and media relations, current agenda items and municipal leadership training programs. Section III Board and Media Relations Since the democratic form of government is only successful when the citizens are kept informed and educated about the issues facing their municipality, it is imperative the media play an important role in the council -manager -media relations. It is through an informed public that progress is insured and good government remains sensitive to its con- stituents. These guidelines are designed to help ensure fair relationships with print, radio, and television reporters. The Board and the Town Manager recognize that the news media provide an important link be- tween the council and the public. It is the Board's desire to establish a professional working relationship to help maintain a well informed and educated citizenry. 1. During the conduct of official business, the news media shall occupy places designated for them or the general public. 2. All reporters will have access to an agenda and will be furnished sup- port material needed for clarification if requested. 3. In order to preserve the decorum and professionalism of Board meet- ings, the media are requested to refrain from conversing privately with other people in the audience and to conduct any interview with the public outside the meeting room while the Board is in session. 4. Since each government body conducts business differently, it is re- quested that all reporters new to Board meetings meet with the Town Manager, Mayor, or the designated media relations representative prior to covering their first meeting to be informed of the policies and procedures to help foster a professional working relationship between the media reporter and the Town. 5. On administrative matters, the Town Manager is the spokesperson, unless he/she has appointed a media relations person to present staff information on the agenda. 6. The Mayor, or his/her designee, is the primary spokes- person for the Town on matters regarding policy deci- sions or any Board information pertaining to issues on the agenda. In order to ensure fair treatment of an issue, any clarifications requested by the media on the issue should be addressed after the meeting. When opposing positions have been debated, regardless of the outcome, the public is better informed when all sides have adequate coverage by the media. This lets the public know that the item was seriously debated and options discussed before a vote was taken, and helps build confidence in the democratic proc- ess. The Town of Westlake Board of Aldermen is made up of five Board members and a Mayor, each elected by the residents of Westlake. In respect to each Board member and his/her constituents, his/her views as presented on an issue before the Board should provide equitable represen- tation from all members. Even though Board members may express differing ideas, equitable representation helps promote unity of purpose by allowing the public to be informed of each member's position during his/her term of office and not only during an election campaign. We all have the responsibility to protect the integrity of our governing process and there- fore, have read and agreed to the above guidelines. 9 Town of Westlake Board of Aldermen Code of Ethics The office of elected officials is one of trust and service to the residents of the Town of Westlake. This position creates a spe- cial responsibility for the Westlake Board Member. In response to this, the Westlake Board is expected to govern this Town in a manner associated with a commitment to the preservation of the values and integrity of representative local government and lo- cal democracy and a dedication to the promotion of efficient and effective governing. To further these objectives, certain ethical principles shall govern the conduct of every Board Member, who shall: 1. Be dedicated to the highest ideals of honor and integrity in all public and personal relationships in order that the mem- ber may merit the respect and confidence of the residents of Westlake; 2. Recognize that the chief function of local government at all times is to serve the best interests of all of the people; 3. Be dedicated to public service by being cooperative and con- structive, and by making the best and most efficient use of available resources; 4. Refrain from any activity or action that may hinder one's ability to be objective and impartial on any matter coming before the board. Do not seek nor accept gifts or special favors; believe that personal gain by use of confidential in- formation or misuse of public funds or time is dishonest; 5. Recognize that public and political policy decisions, based on established values, are ultimately the responsibility of the board and 6. Conduct business in open, well publicized meetings in order to be directly accountable to the residents of Westlake. It is recognized that certain exceptions are made by the State for executive sessions; however, any action as a result of that type of meeting will be handled later in open session. Town of Westlake Item # 8 — Board Calendar 8. BOARD CALENDAR. - Texas Municipal League Newly Elected Officials training o 8/8 - 8/9/08, Austin, 7:30 a.m. - Texas Municipal League Region VIII Quarterly Meeting o 7/31/08, 6:30 p.m., City of Azle Community Center - NW Metroport Chamber Luncheon — Education address to include Head of School Mark Rosevear o 8/5/08, 11 a.m. to 1 p.m., Trophy Club Country Club - Texas Municipal League Annual Conference and Exhibition o 10/28 — 10/31/08, San Antonio, Texas - Joint Board of Aldermen/Planning & Zoning Commission land use/zoning training 0 9/29/08, 6 — 8 p.m., Town Hall offices, Municipal Court Room Town of Westlake Item # 9 — Adjournment Back up material has not been provided for this item.