HomeMy WebLinkAbout10-27-08 TC Agenda Packet 1 .. ..
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lT AALL
3 VILLAGE CIRCLE
114UNICIPAL COURT ROOM, i
tA Wall ! ! . . i
3. HEAR i; DISCUSS REPORT F. ! DISH, ! REGARDING
PREEMPTION OF ! OF
GAS UTILITIES.
DISCUSSION t i ! ! OF PROPOSED POLICY REGARDING
BOARD OF ALDERMEN/BOARD OF TRUSTEE CITIZEN ADVISORY BOARD,
COMMISSION, COMMITTEE, AND AFFILIATE RELATIONS AND
COMMUNICATIONS.
Town of Westlake Board of Aldermen
Workshop Agenda
October 27,2008
Page 2 of 2
6. FUTURE AGENDA ITEMS: Any Board member may request at a workshop and / or Board
meeting, 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 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.
- None
IN• • • • r
•
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, by Friday,
October 24,2008,by 4 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.
I ILL_ n,
To: Honorable Mayor and Members of the Board of Aldermen
From: Tom Brymer, Town Manager
Subject: Workshop Meeting of October 27, 2008
Date: October 21, 2008
ITEM
Hear and Discuss Presentation from Tarrant Regional Transportation Council Regarding
Regional Transportation.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
C✓_1 Inviting Residential & Corporate Neighborhoods
o On-going comprehensive planning
o Highest quality development and aesthetic standards
o Open space preservation
10 We are Leaders
o Environmental Stewardship initiatives
o Infrastructure maintenance and planning
BACKGROUND
Tarrant Regional Transportation Council (TRTC) extended an invitation to the Town to
make a presentation to the Board regarding regional transportation. As regional
transportation is of utmost importance in the DFW region, Mr. Vic Suhm, TRTC
Executive Director,has been invited to address the Board.
FUNDING
N/A
R-ECOMMENDATION
No recommendation.
ATTACHMENTS:
None.
To: Honorable Mayor and Members of the Board of Aldermen
From: Tom Brymer, Town Manager
Subject: Workshop Meeting of October 27, 2008
Date: October 20, 2008
ITEM
Hear and discuss report from Dish, Texas Mayor regarding preemption of municipal
regulation of certain intra-state gas utilities.
VISION POINT AND KEY RESULT AREAS
This item supports the following Town Vision Point and Key Result Areas:
2 Inviting Residential & Corporate neighborhoods
• On-going comprehensive planning
• Sensitivity to neighborhood integrity
• Outstanding community appearance
• Highest quality development and aesthetic standards
• Open space preservation
R1 We are Leaders
o Environmental stewardship initiatives
BACKGROUND
The Town of Dish, TX has contacted the Town of Westlake requesting that we consider
this resolution. This resolution urges the Texas Legislature to allow greater municipal
oversight of intra-state gas utilities which transport natural gas for the benefit of
production companies. These intra-state gas utilities have greater powers, including
eminent domain (condemnation), than typical public utilities or municipalities.
Dish Mayor Calvin Tillman will address the Board regarding the request.
An item has been placed on the regular meeting agenda for the Board's consideration.
RECOMMENDATION
No recommendation.
ATTACHMENTS
None.
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Tom Brymer, Town Manager
Subject: Workshop Meeting of October 27, 2008
Date: October 22, 2008
ITEM
Discussion and Consideration of a Proposed Policy Regarding Board of Aldermen/Board
of Trustee Citizen Advisory Board, Commission, Committee, and Affiliate Relations and
Communications
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
P Hospitality Finds its Home in Westlake
o Citizen engagement and communication
BACKGROUND
In discussing one Board advisory committee's plans to obtain IRS tax-exempt status,the
Board had indicated some interest in reviewing and coordinating these types' decisions
and efforts. This draft policy is proposed as a broader attempt to allow the Board to
coordinate, communicate, and collaborate with all of the Board of Aldermen's and Board
of Trustee's citizen advisory boards, commissions, committees, and affiliates regarding
each group's roles, responsibilities,program of service, requests and use of Town funds
and resources, as well as the fiduciary/stewardship responsibilities and requirements for
these groups.
FUNDING: N/A at this time
RECOMMENDATION
Review and discuss this draft policy to see if it begins to address issues that the Board
finds pertinent and relevant. Once the Board reviews this draft and, if the Board
determines this draft policy or a modified version is satisfactory to them,then the Board
could determine if it wishes to solicit input and feedback about this draft policy from the
affected organizations. If the Board wishes to receive that feedback, thought should be
given to the forum used to receive that feedback(i.e. - staff meeting with officers from
these various groups, or the Board holding a workshop with those officers). Upon getting
feedback from the various groups about the draft policy and, if the Board makes any
further changes to the draft policy,the Board could then consider the policy for adoption.
Following adoption the final version of the policy would then be communicated to the
affected organizations.
ATTACHMENTS:
Draft Citizen Advisory Board, Commission, Committee, and Affiliate Relations and
Communications Policy
i • '. I • , :. „ , � � • ' � ' i is
CITIZEN ADVISORY BOAR®ICOMMITTEE/AFFLIATE RELATIONS AND COMMUNICATIONS POLICY,
1. POLICY PURPOSE. To establish a clear framework and process for enhanced collaborative interaction,
communication, and mutual understanding of roles and responsibilities between the Board of Aldermen (BOA)
and the Board of Trustees (BOT) and their various citizen advisory boards, commissions, committees, and
organizations affiliated with the Town of Westlake and/or Westlake Academy.
11. POLICY GOALS. The goals of this policy are:
A. Enhanced two-way communication between the BOA/BOT and its various advisory boards,
commissions, committees and affiliate organizations (and vice versa).
B. Reaching mutual agreement regarding annual programs of work for these various citizen advisory
boards, commissions, committees, and affiliate organizations to enhance and assist in the pursuit of the
BOA's/BOT's strategic priorities.
C. Achieving a common paradigm that all advisory boards, commissions, committees, and affiliates of the
Town of Westlake and Westlake Academy exist to further the BOA/BOT strategic agenda and are under
the direct control of BOT/BOA or, if they are a Westlake Academy affiliate, are under the day-to-day
direction of the Head of School.
D. Creating a clear understanding, coordination, and agreement by the BOA/BOT and its citizen advisory
boards, commissions, committees, and affiliate organizations as to each group's role, function, and scope
of responsibility in terms of their relationship to the Town of Westlake and/or Westlake Academy.
E. Establishing a direct link between Westlake Academy, its Head of School, and the Academy's Senior
Management Team as being the first point of contact for coordinating the activities of Westlake Academy
affiliates.
111. POLICY PARAMETERS. To achieve this policy's purpose and goals, the following parameters are put in
place:
A. Annual Meeting with Board. All BOT/BOA advisory boards, committees, commissions, and
affiliate organizations shall meet at least annually with the BOT/BOA to:
1.) Report on progress to date in implementing that group's program of work for the current
fiscal year
2.) Review a proposed program of work for the coming fiscal year as well as submit any budget
requests and requested staff resources for this proposed program of work. Said program of
work will be discussed within the context of the organization's program of work carrying out the
BOT's/BOA's strategic plan for both the Town and Westlake Academy. All funding requests
should be submitted not later than the July 1St prior to the upcoming fiscal year. Requests
received after that time will not be considered u ntil the following fiscal year.
3.) Review fund raising activities underway or planned to support the current or proposed plan
of work.
4.) The chair of each advisory board, committee, and/or affiliate organization shall schedule this
annual meeting (or more frequent if needed) through the Town Secretary's office. The
BOT/BOA may choose to hold these meetings one or two times per year.
5.) All affiliates of Westlake Academy, prior to meeting with the BOT/BOA, will meet with the
Head of School to make sure they their proposed efforts are coordinated through the Head of
School and his/her designates.
B. IRS Tax-Exempt Status Requests. All advisory committees, commissions, boards, and affiliates
seeking tax-exempt status from the Internal Revenue Service 501(c)3 must receive prior approval from
the BOA/BOT. When submitting a request to the BOA/BOT to apply for this IRS 501(c)3 status, the
organization wishing to apply must be able to demonstrate and illustrate to the BOT/BOA the benefits of
this status for achieving BOT/BOA strategic priorities as well as the advantages of this designation not
currently afforded by the Town's existing tax-exempt status. Further, the organization requesting to
apply for this 501(c)3 status must be able to demonstrate to the BOA/BOT their organizational capacity
to administer and comply with all IRS regulations related to this status on an on-going basis.
C. Use of Town and Academy Name, Resources, and Logos. Any advisory board, commission, or
committee, as well as affiliate organizations of the Town or Westlake Academy, that wish to begin using
the Town or Academy's name or logo in their operational efforts must receive prior approval from the
BOA/BOT. Said approval can be withdrawn at any time by the BOA/BOT. Additionally, any on-going
use of Town facilities, resources, and staff by an advisory committee, commission, board, or affiliate
must be requested through the Town Manager's office and is subject to his/her approval prior to on-
going utilization of those resources. Requests to add organizations covered by this policy to the Town's
insurance policy shall be submitted to the Town Manager for his prior approval before any insurance
coverage is extended. If approved, the annual cost of this insurance shall be borne by the requesting
organization. Requests to add staff to support any advisory board, commission, committee, or affiliate
shall be made through the Town Manger's office as a part of the annual budget preparation process
and must be approved in advance by the BOA/BOT. This request will include the identification of
funding resources to pay for this position, the operational reporting arrangement for this position, and
which payroll/insurance program this position will fall under.
D. Fiduciary/Stewardship Responsibilities and Requirements. All advisory boards, commissions,
committees, and affiliates that expend funds through their own bank accounts must first have BOT/BOA
approval to have separate bank accounts. Additionally, if this approval for separate bank accounts is
authorized by the BOT/BOA, a timely annual audit of this account(s) shall be submitted to the Town
Manager or his/her designate for presentation to the BOT/BOA. Said audit may be conducted by an
external CPA auditing firm or may be conducted by the Town's Director of Finance with that decision
being made by the Town Manager depending on staff workload requirements at the time. Since the
Westlake Academy Foundation has IRS 501(c)3 status at the time of the adoption of this policy, that
organization shall, at its cost, utilize the same external auditor concurrently used to audit Westlake
Academy finances. This Westlake Academy Foundation audit shall be prepared on a timely basis for
presentation to the BOT at the same time that the Academy's audit is presented. For those advisory
boards, commissions, and committees funded by the BOA/BOT through the Town or Academy
approved budget, use of approved budgetary allocations shall be made on transaction by transaction
basis. That is, the chair or president of that organization will identify the vendor they wish to utilize,
contact the Town's Director of Finance, and submit necessary invoices so that the vendor can be paid
by the Town for goods/services rendered to that advisory committee, commission, or board from their
BOA/BOT approved budget. Use of approved Town budgeted funds by these organizations shall be in
accordance with State purchasing statutes and Town purchasing policies.
Town of Westlake
luTrUi?
To: Honorable Mayor and Members of the Board of Aldermen
From: Tom Brymer, Town Manager
Subject: Workshop Meeting of October 27, 2008
Date: October 21, 2008
I v d-001
Discussion and consideration of changing the name of the Board of Aldermen to Town
Council or City Council.
VISION POINT AND KEY RESULT AREAS
This item supports the following Town Vision Point and Key Result Areas:
2 Hospitality Finds its Home in Westlake
o Citizen engagement and communication
At the Board of Aldermen's September 22, 2008 workshop, the Board approved taking
up this agenda item submitted by Alderman Brittan. The Town Attorney will brief the
Board on this item at the workshop.
This item was presented and discussed at the October 6, 2008, Aldermen Workshop. Due
to the absence of Alderman Brittan, the Board agreed to have the item placed on a future
agenda for consideration and discussion.
TBD. This would depend on the approach used regarding existing supplies of stationary,
business cards, name plates, etc. There may be costs associated with updating the
Town's code of ordinances where there are references to the Board of Aldermen that
would be replaced with Town Council or City Council.
Following a briefing by the Town Attorney, it is recommended that the Board determine
whether or not this is something that it wishes to pursue and if it is, give appropriate
direction to staff.
None
Town of
Westlake
Item # •
Future Agenda
Items
6. FUTURE AGENDA ITEMS: Any Board member may request at a workshop
and / or Board meeting, 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 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.
- None.
Date
Contact
Description
Format
5/12/08
School Exit Interviews
Workshop
5/13/08
15
Town facilities naming policy
Workshop
5/23/08
J. Greenwood
Southlake Waterline Proposal
Workshop
5/30/08
T. Meyer
Cemetery Rules and Regs.
Workshop
7/29/08
T. Meyer
Park and Rec.Adv. Board
Workshop
J. Greenwood
Stagecoach Hills Drainage
Workshop
Nov. 10, 2008, Meeting (Aldermen and Trustees)
Date Contact Description Format
10/21/08 T. Brymer Survey Development Workshop
Dec. 8, 2008, Meeting (Aldermen and Trustees)
Date Contact Description Format
10/21/08 T. Brymer Survey Development Workshop
10/21/08 T. Brymer Approve 2009 Meeting Calendar—Trustees and Aldermen Wkshp/Mtg
Jan. 12, 2009, Meeting (Aldermen and Trustees)
Date Contact Description Format
10/21/08 T. Brymer Survey Development—Aldermen Workshop
10/21/08 M. Rosevear Approve 2009-2010 School Calendar-Trustees Meeting
Jan. 26, 2009, Meeting (Aldermen and Trustees)
Date Contact Description Format
�N����
Trustee and Aldermen Meeting Aldermen Meeting
...................
14
15
16 17
18
19 20 21
22
23 24
25
�N����
Trustee and Aldermen Meeting Aldermen Meeting
i-own of
Westlake
Back up material has not
been provided for this item.
Cam! 1
I _ �
3. CI'T'IZEN 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
Town of Westlake Board of Aldermen
Regular Meeting Agenda
October 27,2008
Page 2 of 3
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 Joint Regional Meeting held on September 10,
2008.
b. Review and approve minutes of the Board of Aldermen regular meeting and
workshop and held on October 6, 2008.
C. Consider a Resolution authorizing the Town Manager to enter into an Inter-local
0 Agreement with Tarrant County for brush clearance and culvert installation on
`
Precinct Line Road.
AI
d. Consideration of a Resolution opposing the continued preemption of municipal
regulation of certain intra-state gas utilities and urging legislative action to permit
s5 , greater local oversight.
5. CONSIDER ESOLUTION APPOINTING PETE EHRENBERG TO SERVE
AS PRESIDENT OF TEXAS STUDENT HOUSING ENTITIES ON AN INTERIM
jI u3 BASIS AND APPROVING THE TERMS OF AN EMPLOYMENT AGREEMENT.
CONSIDER AN ORDINANCE ADOPTING THE 2006 INTERNATIONAL FIRE
CODE AND AMENDMENTS.
CONSIDER AN ORDINANCE
WESTLAKE CODE i ORDINANCES SETTING WATERIWASTE
RATES D TAP FEES.
I
7- FUTURE AGENDA ITEMS: Any Board member may request at a workshop and / or
Board meeting, 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 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
Town of Westlake Board of Aldermen
Regular Meeting Agenda
October 27,2008
Page 3 of 3
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.
i %
Y. BOARD CALENDAR.
- Texas Municipal League Annual Conference and Exhibition
o 10/28 — 10/31, San Antonio, Texas
- Aldermen Joint Workshop with Texas Student Housing Authority Board
- 11/3, 4:15 p.m. Town Hall Offices
- FM 1938 Public Hearing
o 11/6, displays at 6:30 p.m.,public hearing at 7 p.m.
Cross Timbers Community Church, 2525 Florence Road, Keller
- Household Hazardous Waste collection day
o 11/8, 9 a.m. to 11 a.m., Westlake Academy Campus
- Gas Well Drilling Informational Meeting
o 11/11, 7 to 9 p.m., Town Hall Offices
- WHPS Annual Board Meeting
o 11/13, 6 p.m.—7:30 p.m., Marriott Solana
- Christmas Tree Lighting
- Tuesday, 12/2, 6:30 p.m., Westlake Academy Campus
- Joint Regional Meeting
o 1/29/09, 6:30 p.m., Westlake Town Hall
1 ! ' On
1 ' ! 9 a lwywm M. r 1 • I • • !;
CERTIFICATION
1 certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, by Friday,
October 24,2008,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
Pledge
Allegiance I
town of
Westlake
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.
MINUTES OF THE JOINT
OF O BOARD OF
COUNCIL WESTLAKE,TOWN O' 1: THE
DISTRICT BOARD OF DIRECTORS OF THE NORTHWEST INDEPENDENT SCHOOL
ROANOKE CITY COUNCIL MEMBERS AND STAFF PRESENT:
Scooter Gierisch Mayor
Holly Gray-McPherson
Brian Darby
Kevin Stillwell
Melvin Smith
Jimmy Stathatos
Debra Wallace
Ronnie Angel
Cody Petree
Gary Johnson
Brad Goudie
Kim Barnes
Mayor Pro Tern
Council Member
Council Member
Council Member
City Manager
Assistant City Manager
Parks and Recreation Director
Public Works Director
Police Chief
Deputy Fire Chief
City Secretary
Nick Sanders
Mayor
Jim Moss
Council Member
Kathleen Wilson
Council Member
Brandon Emmons
Town Manager
Stephen Seidel
Assistant Town Manager
Lisa Ramsey
Town Secretary
Adam Adams
Parks and Recreation Director
Laura Wheat
Mayor
Carol Langdon
Alderwoman
Rebecca Rollins
Alderwoman
Larry Corson
Alderman
Tim Brittan (arrived at 6:40 p.m.)
Alderman
Thomas E. Brymer
Town Manager
Kim Sutter
Town Secretary
Eddie Edwards
Director of Planning&Development
Don Wilson
Director of Public Safety
Sharon Wilson
Municipal Court Clerk
Minutes of Joint Regional Meeting
September 10,2008
NISD MEMBERS PRESENT:
Dr. Karen Rue
Devonna Holland
Dennis McCreary
Page 2 of 4
Superintendent
Board Member
Assistant Superintendent of Facilities,
Planning, and Construction
Mayor Gierisch, City of Roanoke, called the meeting to order at 6:36 p.m.
Mayor Sanders, Town of Trophy Club, advised that a quorum of the Trophy Club
Council was not present.
Mayor Wheat, Town of Westlake, called the meeting to order at 6:37 p.m.
Members of each City or Board were introduced at this time.
Mr. Dennis McCreary, NISD Assistant Superintendent for Facilities, Planning and
Construction addressed the group regarding the district's growth and development and
presented information relative to the design standards for schools in the district.
Mr. McCreary addressed questions from the group as well as members of the audience.
Mayor Sanders advised that a task force has been formed consisting of school
district representatives and residents of Trophy Club for the purpose of exploring
the possibility of joint use facilities beyond a library.
Discussion ensued with regard to the logistics of staffing and operating a joint use
facility, including the need to segregate library visitors from students, suitable
material, and funding, including grant funds.
Mayor Gierisch advised that the City of Roanoke is currently evaluating the
possibility of expanding the existing Roanoke library.
a) Each Entity Provide Brief Overview of Current and Future Park Plans
Mr. Ronnie Angel, Roanoke, gave a status report of the Roanoke park facilities.
He stated that the Roanoke Recreation Center has been open for 3 years and
has doubled itsmembership (6,300 members).
City Manager Stathatos (Roanoke) mentioned the possibility of a land acquisition
to expand the park area.
Minutes of.joint Regional Meeting
September 10,2008
Page 3 of 4
Mayor Sanders (Trophy Club) advised that Trophy Club is working on a park
master plan for Marshall Creek Park and is referring to the park as Trophy Club
Park. Mayor Sanders emphasized the need to work together to provide facilities
for multiple types of sport activities.
Discussion ensued regarding the name of the Trophy Club/Marshall Creek Park.
Mr. Adam Adams, Trophy Club, presented a status report of Trophy Club park
facilities, and advised that RFQ's were received last week for the Corp property
b) Discussion of Marshall Creek Park
Discussion ensued with regard to the park.
Council Member Wilson, Trophy Club, expressed her desire to appoint a regional
joint task force to review and evaluate the project and address the naming rights
issue.
Mayor Gierisch suggested scheduling a meeting with the three (3) cities to start
this process.
c) Discussion of Natatorium Facility
Dr. Rue announced that the NISD will commence a feasibility study to evaluate
the practicability of a natatorium, including when it makes sense to construct a
facility and the location of the facility. Dr. Rue advised that the District currently
compensates the City of Keller$15,000/year for use of the facility.
Mr. McCreary stated that the District has a five (5) year contract with the City of
Keller, and the Keller facility meets the needs of the district. Mr. McCreary
added that the feasibility study is scheduled to begin in the spring 2009.
Mayor Gierisch suggested that the study be shared with the group when
completed.
3. DISCUSS AND RECEIVE INPUT REGARDING HIGHWAY 0
HIGHWAY 114 INTERCHANGE.
Mayor Sanders advised that the continuation of Highway 114 to side roads in
Trophy Club, heading west, is estimated at$33.9 million dollars and the project is
expected to let in September 2011.
Mayor Sanders emphasized the importance of the local communities to stay
involved in this project.
SOM=0
Minutes of Joint Regional Meeting Page 4 of 4
September 10,2008
HIGHWAYS 114 D 170 OF MUTUAL INTEREST O ALL
Alderman Corson addressed the group regarding the item and presented a
memorandum of understanding (MOU) as drafted for a joint effort with three (3)
Colorado counties. Mr. Corson highlighted sections of the document that could
have applicability toward a joint regional corridor agreement.
Mayor Sanders, Trophy Club, suggested that a similar draft document be
presented at the next quarterly meeting for discussion.
Next meeting tentatively scheduled to take place on Thursday, January 29, 2009,
in Westlake.
I NJ'
MOTION: Councilman M. Smith made a motion to adjourn the meeting. Council K.
Stillwell seconded the motion. The motion carried unanimously.
Mayor Gierisch, Roanoke, adjourned the meeting at 8:40 p.m.
MOTION: I Alderwoman Rollins made a motion to adjourn the meeting. Alderwoman
Langdon seconded the motion. The motion carried unanimously.
Mayor Wheat, Westlake, adjourned the meeting at 8:40 p.m.
Laura Wheat, Mayor
Kim Sutter, TRMC, Town Secretary
TT,1L11TES O
TOWN OF WESTLAKE,TEXAS
BOARD OF ALDERMEN ..R MEETINI
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, DPS Director Don Wilson, Assistant
to the Town Manager Ginger Awtry, and Director of Planning and
Development Eddie Edwards.
- 1 01 '.
Mayor Wheat called the meeting to order at 7:53 p.m.
There was no one present wishing to address the Board.
K��7�7►E.y=97►i1�I_Tll�f►�i7
Mayor Wheat introduced the consent agenda and asked for a motion.
a. Review and approve minutes of the Board of Aldermen special meeting held on
September 15, 2008.
b. Review and approve minutes of the Board of Aldermen regular meeting and
workshop and held on September 22, 2008.
c. Review and approve minutes of the Board of Aldermen and Planning and Zoning
Commission joint workshop held on September 29, 2008.
d. Resolution No. 08-56 - Consider a Resolution authorizing the Town Manager to
execute an Inter-Local Agreement with the City of Fort Worth for the Environmental
Collection Center and Household Hazardous Waste Program on an annual basis.
Town of Westlake Board of Aldermen
Regular meeting Minutes
October 6,2008
Page 2 of 6
MOTION: Alderwoman Rollins made a motion to approve the consent agenda as
presented. Alderwoman Langdon seconded the motion. The motion
carried by a vote of 4-0.
It. HEAR REPORT FROM THE PRESIDENT OF THE WESTLAKE HISTORICAL
PRESERVATION
Mrs. Sharon Sanden, President of the Westlake Historical Preservation Society (WHPS),
addressed the Board regarding the status of the history book, and expressed her
appreciation to the Board for the advanced funding to proceed with the printing of the
publication.
Mrs. Joyce Gibson-Roach addressed the Board regarding the Westlake history book, The
Little Town that Could. Mrs. Roach provided -a written comprehensive report to the
Board outlining the book orders received to date and the strategy, financing and
marketing plan for the sale of the books. Mrs. Roach advised the Board that the book is
expected to be available in early January and described the book as a "very balanced
view of Westlake."
Mrs. Kristi Layton, Treasurer of the WHPS, addressed the Board regarding the cost and
payments associated with the printing and publication of the book. Mrs. Layton advised
that a local developer has agreed to purchase 28 copies of the books.
Discussion ensued with regard to the cost of the book, the loan from the Town, and the
reasoning for ordering 1,250 books.
Mayor Wheat asked that a member of the Board of Aldermen be permitted to view the
next proof of the book.
Mrs. Gibson-Roach replied that she would be happy to comply with the request after the
next proofing cycle.
The Board expressed their appreciation to Mrs. Gibson-Roach for her efforts associated
with the history book and the historical society.
WHPS President Sanden announced that the WHPS annual board meeting will be held
November 13, 2008, from 6 p.m.to 7:30 p.m. at the Marriott Solana.
Mrs. Joyce Gibson-Roach read her letter of retirement as the editor of The Pathfinder
Mayor Wheat introduced the item and asked for a motion.
Town of Westlake Board of Aldermen
Regular Meeting Minutes
October 6,2008
Page 3 of 6
MOTION: Alderwoman Rollins made a motion to approve Resolution No. 08-57,
appointing Mrs. Kelly Bradley and Ms. Heidi Kloempken to serve as
members of the Westlake Historical Preservation Society. Alderwoman
Langdon seconded the motion. The motion carried by a vote of 4-0.
Mayor Wheat introduced the item and opened the public hearing.
Mr. Joe Schneider, Vice President of Hillwood Development, was present to address
questions from the Board.
Town Manager Brymer advised the Board that the case removes all single,family
residential uses and increases the allowable square footage for Office Use from 164,700
to 1,200,000 square feet, and creates a buffer zone running parallel to Dove Road.
There being no one requesting to speak, Mayor Wheat closed the public hearing.
MOTION: Mayor Pro Tern Redding made a motion to adopt Ordinance No. 600,
approving an application for an amendment to Planned Development 3-3
(PD 3-3). Alderman Corson seconded the motion. The motion carried by
a vote of 4-0.
7. CONDUCT PUBLIC AND CONSIDER ORDINANCE
APPROVING APPLICATION SPECIFIC . (SUP-08-01)
FOR A PRIVATE WATER WELL TO B. LOCATED 1502 WILLS COURT
IN THE VAQUERO RESIDENTIAL ADDITION-PHASE 1; LOT 5R, BLOCK H.
Mayor Wheat introduced the item and opened the public hearing.
Director of Planning and Development Edwards addressed the Board regarding the item.
Alderman Corson asked if the Town contacted the Vaquero Homeowner's Association
regarding the application as he recalled that applications for water wells in Vaquero were
presumably a coordinated effort between the Town and the Homeowner's Association.
Director of Planning and Development Edwards replied that he was not aware of a
coordinated effort regarding water well applications with the Vaquero Homeowner's
Association.
There being no one requesting to speak, Mayor Wheat closed the public hearing.
Town of Westlake Board of aldermen
Regular Meeting Minutes
October 6,2008
Page 4 of 6
MOTION: Alderwoman Rollins made a motion to adopt Ordinance No. 601,
approving an application for a special use permit for a private water well
to be located at 1502 Wills Court. Alderwoman Langdon seconded the
motion. The motion carried by a vote of 3-0, with Alderman Corson
abstaining from the vote, as he was uncertain if the water well standards
met the requirements of the Vaquero Homeowner's Association.
8. CONDUCT A PUBLIC HEARING CONSIDER AN ORDINANCE
APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR
PRIVATE WATER WELL 2600 JT OTTINGER (WITHDRAWN BY
Mayor Wheat introduced the item and opened the public hearing.
There being no on requesting to speak, Mayor Wheat closed the public hearing.
Town Manager Brymer advised the Board that the application has been withdrawn and
no further action is required by the Board.
G 11111111.N 1/_M411\I!T•ItIlli f`I
No items were presented for discussion.
Mayor Wheat reviewed the Board calendar.
- NW Metroport Chamber of Commerce State of the Cities
o Tuesday, 10/7/08, 11:30 a.m.Trophy Club Country Club
- Arbor Day Celebration
o Saturday, 10/11, Glenwyck Farms park area, 8 a.m.—3 p.m.
- Texas Municipal League Annual Conference and Exhibition
o 10/28— 10/31/08, San Antonio, Texas
- FM 1938 Public Hearing
o 11/6, displays at 6:30 p.m., public hearing at 7 p.m.
Cross Timbers Community Church, 2525 Florence Road, Keller
- Household Hazardous Waste collection day
o 11/8/08, 9 a.m. to 11 a.m., Westlake Academy Campus
- Christmas Tree Lighting
o Tuesday, 12/2/08, 6:30 p.m.
Mayor Wheat recessed the regular session of the Board of Aldermen meeting at 8:37 p.m.
to discuss the following items in executive session:
Town of Westlake Board of aldermen
Regular Meeting Minutes
October 6,2008
Page 5 of 6
a. Pursuant to Section 551.074 to discuss personnel matters; specifically to conduct
the Town Manager's evaluation.
b. Pursuant to Section 551.072: deliberation regarding the purchase, exchange, lease
or value of real property: Mineral interests owned by the Town.
c. Pursuant to Section 551.071(2): consultation with town attorney on a matter in
which the duty of the town attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with this Chapter: Governing structure and processes of Texas Student
Housing Authority
Mayor Wheat convened the executive session at 8:41 p.m. The executive session
adjourned at 10:54 p.m.
U . ,
Mayor Wheat reconvened the meeting at 11:01 p.m.
Mayor Wheat advised that action will be taken regarding items discussed in executive
session.
11(b). Pursuant to Section 551.072: deliberation regarding the purchase, exchange, lease
or value of real property: Mineral interests owned by the Town.
MOTION: Alderman Corson made a motion authorizing the Town Manager to
proceed with obtaining Request for Proposals (RFP's) and bids for the sale
and lease of Town owned mineral rights. Alderwoman Rollins seconded
the motion. The motion carried by a vote of 4-0.
11(c). Pursuant to Section 551.071(2): consultation with town attorney on a matter in
which the duty of the town attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts
with this Chapter: Governing structure and processes of Texas Student Housing
Authority
MOTION: Alderman Corson made a motion authorizing the Town Manager to invite
the Texas Student Housing Authority Board of Directors to participate in a
joint workshop to better define the job description of the TSHA president
and to gain a broader understanding of TSHA operations prior to
beginning the process of hiring a new president. Mayor Pro Tern Redding
seconded the motion. The motion carried by a vote of 4-0.
Town of Westlake Board of Aldermen
Regular Meeting Minutes
October 6,2008
Page 6 of 6
There being no further business, Mayor Wheat asked for a motion to adjourn the meeting.
MOTION: Mayor Pro Tern Redding made a motion to adjourn the meeting.
Alderwoman Rollins seconded the motion. The motion carried by a vote
of 4-0.
Mayor Wheat adjourned the meeting at 11:08 p.m.
Laura Wheat, Mayor
ATTEST:
Kim Sutter, TRMC, Town Secretary
TOWN
MINUTES OF THE
TOWN OF WESTLAKE,TEXAS
F'V, .D OF ALDERMEN WORKSHOP
1��l1
PRESENT: Mayor Laura Wheat and Aldermen Larry Corson, Carol Langdon (arrived at 4:27
p.m.), Don Redding, and Rebecca Rollins.
ABSENT: Alderman Tim Brittan.
STAFF PRESENT: Town Manager Thomas Brymer, Town Attorney Stan Lowry,
Town Secretary Kim Sutter, DPS Director Don Wilson, Assistant
to the Town Manager Ginger Awtry, and Planning and
Development Director Eddie Edwards.
Mayor Wheat called the workshop to order at 4:22 p.m.
"1 .1;. MIRMICIMI
Town Manager Brymer introduced Mr. Chris Tathum of ETC Institute.
Mr. Chris Tathum, representing ETC Institute, addressed the Board regarding the item,
and explained that ETC Institute is one of the nation's leading community-based market
research firms.
Mr. Tathum reviewed the survey process, including assessment of priorities and analysis
of survey results.
Discussion ensued with regard to means of conducting the survey, length of the survey,
analysis of data, estimated cost of service, typical response rate, process for determining
survey questions, the best time of year to conduct surveys, and applicability to charter
schools.
Mr. Tathum advised the Board that the survey is administered over the phone, by mail,
and on the internet.
Town of Westlake Board of Aldermen
Workshop Minutes
October 6,2008
Page 2 of 4
Town Manager Brymer advised that workshops will be utilized in the months of
November and December to identify questions and the scope of services for conducting a
survey if the Board wishes to proceed with developing a survey.
It was the consensus of the Board to consider one additional bid from another survey
company with the intent of releasing the survey by the first quarter of 2009.
3. PRESENTATION AND DISCUSSION OF STAFF WORK TO DATE
REGARDING POSSIBLE AMENDMENTS TO THE OIL AND GAS WELLS
SECTION OF THE TOWN OF WESTLAKE CODE ORDINANCES.
Town Manager Brymer introduced the item and advised the Board that staff is seeking
direction regarding the framework for amending the existing ordinance. Once
established, a public input hearing will be held for citizen input.
Planning and Development Director Edwards reviewed the proposed key revisions. Mr.
Edwards added that staff is proposing a 600 foot baseline standard, a 300 foot absolute
minimum setback, and a 1,000 foot voluntary setback. Mr. Edwards presented additional
setbacks with regard to other structures and property lines and reviewed proposed drill
zone setbacks.
Discussion ensued regarding possibly including questions related to gas well drilling in
the survey planned for the first quarter of 2009, legal ramifications if the Board delays
adoption of the amended ordinance, safety distances, truck traffic and roadway
improvement and repair and a means to control truck traffic on the Town's roads.
It was the consensus of the Board to proceed forward with obtaining citizen input with
regard to the staff proposed setbacks.
Mr. Edwards advised the Board that fresh water for gas drilling operations will not be
provided by the Town without a Water Supply Agreement; however, fresh water wells
may be drilled on site or water may be trucked or piped in and stored on site.
Mr. Edwards presented two options to the Board with regard to wastewater disposal.
Town Manager Brymer advised the Board that both wastewater disposal options have
pros and cons.
Discussion ensued regarding wastewater disposal utilizing a saltwater disposal well
versus trucking or piping the wastewater out of the Town.
As the Board was not opposed to either option, staff will proceed with evaluating the
options and presenting for citizen input.
Mr. Edwards presented the proposed fencing, screening and landscaping requirements.
Town of Westlake Board of Aldermen
Workshop Minutes
October 6,2008
Page 3 of 4
Alderman Corson recommended stipulating the type of materials to be used for fencing
and screening as well requiring the use of evergreen shrubs as opposed to other
vegetation.
Mr. Edwards presented the proposed noise limitations and compared the decibels limits
with neighboring cities.
Discussion ensued with regard to ambient noise levels and the likelihood of enforcing the
decibels levels.
Mr. Edwards presented the proposed lighting standards and a comparison of the
requirements to neighboring cities. Mr. Edwards stated that the lighting standards will
conform to the Town's outdoor lighting ordinance to the degree practical and safe.
Town Manager Brymer advised the Board that staff will solicit citizen input before
presenting a draft ordinance to the Board for adoption.
Town Manager Brymer advised the Board that this item is being presented for discussion
at the request of Alderman Brittan.
Town Attorney Lowry advised the Board that it is not uncommon for the governing body
of a Type A General Law city to be referred to as the Town Council or City Council.
Board discussion ensued with regard to the change.
In the absence of Aldermen Brittan, Town Manager Brymer suggested the item be placed
on a future agenda for discussion.
1
No items were submitted for discussion.
r .
There being no further business, Mayor Wheat asked for a motion to adjourn.
MOTION: Mayor Pro Tern Redding made a motion to adjourn the workshop.
Alderwoman Rollins seconded the motion. The motion carried by a vote
of 4-0.
Mayor Wheat adjourned the workshop at 6:43 p.m.
Town of Westlake Board of Aldermen Page 4 of 4
Workshop Minutes
October 6,20008
APP ROVED Y THE BOARD OF ALDERMEN O N OCTOBER 2 7,2
008.
Laura Wheat, Mayor
ATTEST:
Kim Sutter, TRMC, Town Secretary
Town of Westlake
To: Honorable Mayor and Members of the Board of Aldermen
From: Jarrod Greenwood, Public Works Superintendent
Subject: Regular meeting of October 27, 2008
Date: October 8, 2008
ITEM
Consider a Resolution authorizing the Town Manager to enter into an Inter-local
Agreement with Tarrant County for brush clearance and culvert installation on Precinct
Line Road.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
Rl Inviting Residential and Corporate Neighborhoods
o Sensitivity to neighborhood integrity
BACKGROUND
Vaquero Home Owner Association representatives contacted staff regarding a drainage
issue at Precinct Line Road near the Sabine Drive entrance. The Town's engineer
inspected the area and concluded that vegetative growth and an undersized existing
culvert are restricting the subdivision's ability to drain properly. Staff petitioned Tarrant
County to provide assistance with the drainage work. Tarrant County has agreed to clear
the brush and install a larger diameter culvert.
FUNDING
Funding will remain unchanged, as the costs were included in the preparation of the
adopted FY 08/09 budget.
RECOMMENDATION
Staff recommends approval.
ATTACHMENTS:
Resolution No. 08-58
Proposed Interlocal Agreement with Tarrant County
ENTERING INTO AN INTER-LOCAL AGREEMENT WITH �7 � � t .
REGARDING TEXAS . . .
PRECINCT LINE ROAD; AND AUTHORIZING TO
EXECUTE THE AGREEMENT OF BEHALF OF THE TOWN OF WESTLAKE,
WHEREAS,the Town of Westlake desires to maintain public drainage facilities; and
WHEREAS, the Board of Aldermen finds that the Inter-local agreement and Precinct
Line Road drainage improvements benefit the public; and
WHEREAS, the Board of Aldermen finds that the passage of this Resolution is in the
best interest of the public.
NOW, BOARD OF
TOWN OF WESTLAKE,TEXAS:
SECTION 1. THAT, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2. THAT, the Board of Aldermen of the Town of Westlake, Texas, hereby
approves the Inter-Local Agreement with the Tarrant County relating to the provision of brush
clearance and culvert installation, attached hereto as Exhibit "A"; and further authorizes the
Town Manager to execute said agreement on behalf of the Town of Westlake, Texas.
IN; 11111111111 111074090-11im"
Laura Wheat, Mayor
FAT
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Kim Sutter TRMC, Town Secretary Tom Brymer, Town Manager
1001TJ a DX.A%VI I Eel • u
L. Stanton Lowry, Town Attorney
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To: Honorable Mayor and Members of the Board of Aldermen
From: Tom Brymer, Town Manager
Subject: Regular Meeting of October 27, 2008
Date: September 22, 2008
ITEM
Consideration of a Resolution Opposing the Continued Preemption of Municipal
Regulation of Certain Intra-State Gas Utilities and Urging Legislative Action to Permit
Greater Local Oversight.
VISION POINT AND KEY RESULT AREAS
This item supports the following Town Vision Point and Key Result Areas:
2 Inviting Residential & Corporate neighborhoods
• On-going comprehensive planning
• Sensitivity to neighborhood integrity
• Outstanding community appearance
• Highest quality development and aesthetic standards
• Open space preservation
Q We are Leaders
o Environmental stewardship initiatives
BACKGROUND
The Town of Dish,TX has contacted the Town of Westlake requesting that we consider
this resolution. This resolution urges the Texas Legislature to allow greater municipal
oversight of infra-state gas utilities which transport natural gas for the benefit of
production companies. These intra-state gas utilities have greater powers, including
eminent domain(condemnation), than typical public utilities or municipalities.
FUNDING
NIA
RECOMMENDATION
Recommend adoption of this resolution so it can be submitted by the Town of Dish along
with other similar resolutions to State officials.
ATTACHMENTS:
1. Letter dated 7-20-08 from Mayor of Dish, TX explaining the Town of Dish's
position on this issue and their request regarding this resolution.
2. Resolution No. 08-59
July 20, 2008
DIS�i�
5413 TIM DONALD ROAD ® DISH, TX 76247
(940) 648-2040 • FAX (940) 648-2045
61111 4 E �;; • - w - ► -
The Town of DISH, TX has passed a resolution asking the Texas State Legislature to allow for
greater local oversight of intra-state gas utilities. The companies that we are referring to are not
your typical public utilities that deliver a product to the consumer,but transport the natural gas
for the benefit of the production companies that they are typically affiliated with. However,
currently these companies have greater powers than your typical public utilities, or
municipalities for that matter. Further,these companies refuse to collaborate in the coordination
or utilization of other producers' pipelines in the region. Instead these companies prefer to
install their own redundant pipelines enforcing eminent domain on property owners. For those
municipalities who have=no requirement for these companies to map the pipeline route,they are
not even required to notify the municipality of the installation.
DISH,has several redundant pipelines crossing our corporate limits, which has ruined any
opportunity for future economic growth in these areas. When these easements are forcibly taken
through threats of eminent domain,they are permanent, and therefore,the future land use is
limited. Basically, it will be permanently used as limited agricultural use land only. While in
some instances the land may not be ideal for other uses, these companies take the shortest and
least expensive route,not taking into consideration the comprehensive plans set by the
municipality. Therefore, you might find one of these pipelines going through areas that are
planned commercial or residential areas,destroying future growth. Developers will then have to
work around the pipeline easements when constructing homes and businesses.
DISH has enclosed a copy of this resolution, and would urge you to also present for approval
from the local government officials. We would further ask that you return a copy of the passed
resolution complete with the municipality's seal, to DISH,by October 1,2008. DISH will then
present them as a group, all of the passed resolutions,to the Texas State Legislature including the
Office of the Governor,Texas State Senate, and Texas State House of Representatives. If this
problem has not yet reached your municipality, I assure you that it will affect you soon if we do
not act now.
Sincerely,
Calvin D. Tillman
Mayor, Town of DISH
Encl: Resolution
21
1
l �li � � ►
WHEREAS, the proliferation of duplicative and redundant pipeline networks,
installed with regard only for the shortest and most cost-effective route, causes the
unnecessary fragmentation of land and the creation of unusable slivers, chipping away at
the long term economic potential of the land; and
WHEREAS, municipalities, rendered virtually ineffective by the preemption
language of§121.202 of the Texas Utilities Code, are unable to respond to the plight of
their constituent citizens and business owners and are without the necessary authority to
safeguard the long-term economic viability oft e region,
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF
TEXAS THAT:
This Resolution shall be of from its date of adoption.
PASSED AND APPROVED ON THIS DAY OF— ' 2008.
ATTEST:
r"MMMO
WHEREAS,the Town of Westlake, Texas is a Type A General Law municipality
located in Tarrant and Denton Counties, and created in accordance with the provisions of
Chapter 6 of the Texas Local Government Code and operating pursuant to the enabling
legislation of the State of Texas; and
WHEREAS, the Legislature has vested regulatory authority in the State of has
largely preempted the local regulation of so-called "midstream" intra-state natural gas
pipeline utilities ("gas utilities") on the basis that such officials to tailor policies to meet
their needs and demands; and
WHEREAS,the preemption of local regulation constrains the ability of the public
to participate through their locally elected officials to tailor policies to meet their need
and demands; and
WHEREAS, with the recent development of mineral reserves within the Barnett
Shale, oil and gas operators have become dependent on a comprehensive pipeline
infrastructure to deliver the produced hydrocarbons to market; and
WHEREAS, in order to ensure the maximum profitability of natural gas
production, oil and gas operates have have refused to cooperate with unaffiliated third
party gas utilities or coordinate pipeline efforts with other producers in the region and
instead are each opting to form their own affiliated gas utility company; and
WHEREAS, each gas utility company serves not as a public-minded "utility"
accepting produced hydrocarbons from "competing" operators but operates exclusively
as the alter ego and servant of the utility's affiliated oil and gas operator greatly blurring
the line between gas utility and oil and gas operator; and
WHEREAS, the numerous gas utilities, frequently managed and exclusively
operated by the affiliated oil and gas operators' own employees, work aggressively to
install a network of permanent gas lines across private property creating extensive "no
build"zones many dozen feet in width and many miles in length, with little regard for the
availability of existing unaffiliated pipelines in the vicinity; and
WHEREAS, in order to rapidly accomplish the installation of duplicative and
redundant pipeline networks, local citizens and business owners are quickly threatened
with eminent domain proceedings by the gas utilities and are intimated into executing
one-sided permanent easements for nominal consideration; and
WHEREAS, the proliferation of duplicative and redundant pipeline networks,
installed with regard only for the shortest and most cost-effective route, causes the
unnecessary fragmentation of land the creation of unusable slivers, chipping away at the
long term economic potential of the land; and
WHEREAS, municipalities, rendered virtually ineffective by the preemption
language of§121.202 of the Texas Utilities Code, are unable to respond to the plight of
their constituent citizens and business owners are without the necessary authority to
safeguard the long-term economic viability of the region.
THE TOWN OF
SECTION 1: the Board of Aldermen of the Town of Westlake, Texas,
respectfully requests and urges the Legislature to revisit the prudence and continued
appropriateness of preempting municipalities from regulating the practices of midstream
gas utilities and respectfully requests that the Legislature confer additional regulatory
authority upon municipalities over the activities described herein in order to safeguard the
interests of the public and the long term economic viability of the private property.
SECTION 2: This Resolution shall become effective upon the date of its
passage.
ATTEST:
Kim Sutter, TRMC, Town Secretary
ON!..f • X •. •.
L. Stanton Lowry, Town Attorney
Laura Wheat, Mayor
Thomas E. Brymer, Town Manager
Town of Westlake
Menlo
To: Honorable Mayor and Members of the Board of Aldermen
From: Kim Sutter, Town Secretary
Subject: Regular Meeting of October 27, 2008
Date: October 20,2008
ITEM
Consider a Resolution appointing Pete Ehrenberg to serve as President of Texas Student
Housing Entities on an interim basis and approving the terms of an employment
agreement.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
Q We are Leaders
o Premier Educational Facilities and Programs
BACKGROUND
The TSH Board of Directors have approved the appointment of Mr. Pete Ehrenberg to
serve as the President of TSH on an interim basis and until such time a permanent
replacement has been appointed. The TSH Board approved the appointment on
September 16, 2008, and approved an employment contract October 14, 2008.
In accordance with §3.5 of the Texas Student Housing bylaws, the Board of Aldermen is
required to consent to the appointment and the contract.
FUNDING
N/A
WHEREAS, the Texas Student Housing Authority, the Texas Student Housing
Corporation, the Texas Student Housing Corporation — San Marcos Project, the Texas Student
Housing Corporation — Denton Project, the Texas Student Housing Corporation — College
Station Project, the Texas Charter School Corporation— LTTS Charter Schools, Inc Project, and
the Texas Charter School Corporation—New Frontiers Charter Schools, Inc. (collectively, these
entities shall be referred to as the "Texas Student Housing Entities"), which have been created by
the Town of Westlake (the "Town") pursuant to Chapter 53 of the Education Code, the Higher
Education Authority Act, as amended (the "Act"), to act on behalf of the Town as its duly
constituted authority and instrumentality, within the meaning of the Internal Revenue Code of
1986, as amended, for the purpose of aiding institutions of higher education, accredited primary
or secondary schools, or authorized charter schools, as those terms are defined in the Act, in
providing educational facilities and housing facilities and facilities incidental, subordinate or
related thereto or appropriate in connection therewith;
WHEREAS, on behalf of the Town, The Board of Aldermen hereby approves the
appointment of Pete Ehrenberg to serve as President of each of the Texas Student Housing
Entities on an interim basis;
WHEREAS, on behalf of the Town, the Board of Aldermen hereby approves the terms
of the Employment Contract of the President of each of the Texas Student Housing Entities in
the substantially form attached hereto as Exhibit"A"
WHEREAS, the meeting at which this resolution has been considered was open to the
public as required by law, and public notice of the time, place, and subject of the meeting has
been given in accordance with Chapter 551, Government Code;
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF ALDERMEN TO THE
TOWN OF WESTLAKE,TEXAS:
SECTION 1. the findings and declarations contained in the preamble of this Resolution.
are hereby incorporated as part of this Resolution.
SECTION 2. This Board of Aldermen hereby approves the appointment of Pete
Ehrenberg as President of each of the Texas Student Housing Entities on an interim basis.
SECTION 3. This Board of Aldermen hereby approves the terms of the Employment
Agreement of the President in substantially the form attached hereto as Exhibit"A".
SECTION 4. This Resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED ON THIS 27 DAY OF OCTOBER 2008.
Laura Wheat, Mayor
FAT40
Kim Sutter TRMC,Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
TEXAS STUDEwr nousipm ina nm nus
3 VMVe Orch SOW 07
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September IN 2N8,
11r.Petcr Ehrenberg
2152 Portivood Qv�
P L NVoW TX 76179
R, Qnmhmg Agmanot
lkw YK E h rcnbm-g,�
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Marcos project, the Texa"", SM&M I-AmA,4 Covporain-m - Dcnwn Project the Te�as Studont I fou,-;ing Corporation -
CWkpSm On My"t. Bc InQ PQeamj the TmmCWwej-
School Corporaiton - New Frontiers Chaiter School, Inc. Prqjkm nre pleased to contract for the servi C, of Ile e,t T
,
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(fln.'Agivelmnil'" kv shzd!be referred to in ithis,Agre'moit as f1w"Pr,,,sidenC'
Dillies of the WHO)!
I ith respect,10 each TSHE.Be Pmldmt MmH he wimmidbie A 14 oveml'
man,-,�',Clnenl and operadm oRach a Ow TAIEsandfor pert>e€ the duties as P',"Ho',vs:
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and i�it) Nvith;lie prqjec Adminisuation IX)(`Lrncras. aid
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of DAMOrs
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masons sw Me pre"dew CanmA Make ch Got CA=
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canh INHE and on a cynadidmed haV. itort be mytem of Me(TAnnon cw a War", 9 Be BmM of Directors of��
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pos,,ibk to to Board of Wemrs of A IS!IE:inn the Board of A Menven,
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I
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Am wid he bound by YU,
Agrunrient.and each ofte TWO aujoinli, and fiable midcr 1his
Pewr FUrnba-g Sclileniber 16. 2009
Ppe t
«R< oardii,
Jarnes P. Carter
Chairni an: Texas Sludent. i fousing Authority
Texas Rudent Housin&(.7orporation-San yam s llr()cct
rexas Rudent IkiusWg CoMmMm4kntmi PipjcIlt
Accepted and A.—oreed By
Mter Ehrenberg
SeMember 16QO08
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 October 27, 2008
Date: October 16, 2008
Consider a Resolution authorizing the rental of civic campus facilities and approving the
Westlake Academy/Civic Campus Facility Use Guidelines and Policies.
This item supports the following Vision Point and Key Result Areas:
Q We are Leaders
o Business partnerships with Westlake Academy
10 Hospitality Finds its Home in Westlake
o Citizen engagement and communication
S • ' �' WIN
Over the past three years, Town staff has received four to five requests per year from a
variety of groups to rent the basketball gym, classrooms, the soccer field and/or the
performance hall.
The Town has made the gym available in the past to a group of Westlake residents who
play basketball on Sunday evenings with no rental fees. Due to the increase in usage
from the Academy sports teams and other school groups, along with the lack of staff
necessary to be on site, both Town staff and the Board did not believe we should pursue
the rental of the civic campus buildings.
At the September 8, 2008, workshop, staff presented the policies of facilities usage to the
Board to discuss renting out the civic campus and fees to Westlake residents. The Board
agreed that the dining and performance hall could be rented out on Sunday only and to
Westlake residents. The fees must cover all costs of using the facilities,which would include
but is not limited to power usage,cleaning,damage and staffing.
The Head of School has reviewed and agrees with the facilities rental policies and would like
to be notified when the facilities is rented.
The rental fees would cover all costs to have town/contract staff present and electrical use
for the building.
��� U7thti:�1►`i17111�[f7►1
Approve the resolution authorizing the rental of civic campus facilities and approving the
Westlake Academy/Civic Campus Facility Guidelines and Use Policies.
Resolution No. 08—61
Facilities Policy
` J_ .
I IN 1 0k0lIR$I Y to]9 aetoXI1:1SSI
AUTHORIZING
APPROVING THE WESTLAKE ACADEMY / CIVIC CAMPUS FACILITY USE
GUIDELINES 1 POLICES.
WHEREAS,there is a need in the community for meeting/function space; and
WHEREAS, Westlake Academy, a Town owned and operated facility, has been
identified as a community asset, which includes a dining hall and a performance hall that can be
utilized by Westlake residents on a limited basis.
WHEREAS,Town staff and the Westlake Academy Head of School have identified uses
and availability of the facilities and have identified Sunday as an available day of the week for
rental; and
WHEREAS, Westlake desires to engage its citizens; and
WHEREAS, the Board of Aldermen finds that renting the facilities benefits the public
and is in the best interest of the citizens of Westlake, and
WHEREAS, rental fees will be collected and will offsest all operational and repair cost
associated with the use of the facility.
NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
TOWN
SECTION 1. All matters stated in the Resolution above are found to be true and correct
and are incorporated herein by reference as copied in their entirety.
SECTION 2.The Board of Aldermen of the Town of Westlake hereby approves the
rental of civic campus facilities and approves the Westlake Academy/Civic Campus Facilities
Use Guidelines and Policies (Exhibit"A")
IV.AVMN ON
ATTEST:
Laura Wheat, Mayor
Kim Sutter, TRMC,Town Secretary Thomas E. Brymer, Town Manager
L. Stanton Lowry, Town Attorney
Westlake Academy/Civic Campus
Facility Use Gui fi
Application Process:
1. The application must be filled out at least 14 days prior to the requested
reservation date. Application forms are available in the lobby of Town Hall or
online at www.westlake-tx.org.
2. No verbal or tentative agreements will be accepted.
3. The applicant must be a resident of the Town of Westlake and is responsible for
the adherence to the guidelines and policies of the Town for all individuals
during the use of the facility.
4. The Facilities and Recreation Department reserves the right to terminate a
reservation during the activity if the conditions so warrant (i.e., severe weather,
etc.)
Deposit
1. To be assessed according to the request and duration of reservation:
a. $500- one day rental of Cafeteria area
b. $1000- one day rental of Cafeteria and Performance Hall
c. $2000- extended commitment rental for Cafeteria and Performance Hall
2. The deposit is refundable under the following conditions:
a. Provided that no damage has occurred to the facility or fixtures (reviewed
by the applicant and Town representative at the conclusion of the use
period).
b. Renter must have followed all facility use guidelines and policies and
Town ordinances during the event.
3. The deposit will be returned within 14 days from the rental date and will be
mailed to the applicant.
Reservation Time &Fees
1. Facilities may be reserved for a minimum of three (3) hours and a maximum of
six (6) hours.
2. The reservation period will include the time necessary to set up and clean the
facility -no additional time will be allocated for these activities.
3. Fees to be assessed according to the request and duration of reservation:
a. $350-Three hour rental of Cafeteria area
b. $475 -Three rental of Cafeteria and Performance Hall
c. $100-Each additional hour rental of Cafeteria area
d. $150-Each additional hour rental of Cafeteria and Performance Hall
Reservation Requirements,Availability and Limitations
1. Individuals and organizations utilizing the facility are required to follow all
applicable Town ordinances, state laws and reservation policies. Failure to
comply may result in the denial of future facility access and/or forfeiture of the
facility deposit.
2. The Town does not provide eating utensils, tablecloths, office supplies, electronic
equipment or any other type of products during the reservation period. The
individual or organization reserving the facility must provide these types of
items.
3. The room occupancy rate will be posted and explained to the applicant during
the rental process. In accordance with fire codes, the occupancy rate may not
exceed the maximum allowable number of individuals at any time during the
rental period.
Facili Access
1. The rental agreement will include provisions for a Town of Westlake
representative to be present during the use of the facility. The representative will
provide building access and work with the applicant to ensure the facility is
secured at the conclusion of the rental.
2. In the event of an unforeseeable emergency, and the representative is detained or
not available, the applicant may contact Troy Meyer, Director of Facilities at(817)
829-6974 to gain access to the building.
3. Please do not attempt to force open the doors or break a window to enter the
facilities.
Cancellation
1. In order to receive a full refund of all fees and deposits the reservation must be
cancelled at least 14 days prior to the reservation date. If after 14 day period, the
Department reserves the right to assess an $100 administrative fee to cover
staffing costs.
2. No refunds of the rental fees will be given for notices within two (2) days of the
reservation date or for a cancellation notice after the rental date.
Damages
1. Individuals and organizations reserving the facility are responsible for the costs
associated with repairing the building or replacing items that are damaged
during the rental period.
2. Failure to remit the required repair/replacement fees for the damages will result
in the loss of future reservation privileges and any deposit.
Chaperones
1. The resident who submits the reservation application must remain on premises
at all times during the use of the facility. Failure to remain on site may result in
the loss of future reservation privileges and the deposit.
2. Reservations for a youth event require a minimum of two (2) adult chaperones
for 1 - 30 youth participants. One adult chaperone must be provided for each
additional 15 participants. Youths are defined as anyone under 21 years of age.
3. The Town reserves the right to require the presence of a police officer during
these types of events. The personnel cost for the off-duty assignment will be the
responsibility of the applicant.
5
(dumpster storage containers) are provided
outside the Cafeteria area.
A checklist will be provided to the applicant and reviewed with the Town
representative to ensure all the necessary tasks have been completed to clean and
prepare the facility for further use.
Food/Drink
1. Refreshments are allowed in the Cafeteria area of the facility. Food and drink are
not allowed in the Performance Hall.
2. Tables will be provided (upon prior request) for those individuals who are
hosting a catered event.
Decorations
1. Decorations may be used that do not cause damage to the walls, ceilings or any
other part of the room, furniture or fixtures and must be removed at the end of
the reservation period.
2. Items such as nails,thumbtacks and permanent tape may not be used.
3. Painters masking tape is the only approved method for decorating purposes and
must be fully removed from the facility upon completion of the reservation.
4. All lights and facility doors must be secured at the conclusion of the reservation.
5. Plans for special activities including, but not limited to: bounce houses, dunking
booths, amplified sound systems, etc. must be reviewed and approved by the
Facilities Director prior to their use.
Tobacco and Alcohol Use and Pet Policy
1. No smoking,use of tobacco products or alcoholic beverages are allowed on any
Town owned property. This includes the Westlake Civic Campus/Westlake
Academy facilities.
2. No pets are to be in the facility during the rental period. The only exception
would be service animals necessary to assist individuals with a disability.
Insurance Requirements
1. Proof of insurance is required for all organized programs of athletic competition,
including but not limited to basketball, soccer, softball and little league groups.
2. Insurance is not needed for individuals or groups of residents who use the
athletic fields for a one-time-use basis.
Liability: to hold harmless the Town
employees/representatives from r against any claims for damages to persons or
property out of any use of the facility and its premises by
NOTE:responsible for their guests adherence to the policies herein described.
PLEASE above information • general reservation policies and
answered covers most reservation requirements. For specific concerns or those questions not
above, •o • of applicant to contact the Director of
Facilities to ensure compliance with all policies.
111tiTi!
To: Honorable Mayor and Members of the Board of Aldermen
From: Eddie Edwards, Director of Planning and Development
Subject: October 27, 2008, Regular Meeting
Date: October 13, 2008
Consider an Ordinance adopting the 2006 Editions of the International Residential Code (IRC),
International Building Code (IBC), International Energy Conservation Code (IECC),
International Fuel Gas Code (IFGC), the International Mechanical Code (IMC), the International
Plumbing Code (IPC), and the 2008 Edition of the National Electrical Code (NEC) and
amendments for each code.
This item supports the following Vision Point and Key Result Areas:
[� Inviting Residential& Corporate Neighborhoods
• On-going comprehensive planning
• Highest quality development and aesthetic standards
C� We are Leaders
• High quality services delivery coupled with financial stewardship
• Infrastructure maintenance and planning
The Town of Westlake is currently under the 2003 International Residential Code as amended.
Every three years, the International Code Congress addresses code issues and proposes updates.
Part of the update process involves input from various organizations —both public and private—
as well as comments from experts in their respected fields and from the public. Once the code is
updated and published, local governments review, amend, and adopt the code. In the North
Texas Region this is taken a step further by the North Central Texas Council of Governments
(NCTCOG) which coordinates committees of local officials and industry professionals who
review the code and recommend regional amendments. As in the past, the Town has monitored
and been involved in this process.
The amendments being proposed with this code are a combination of recommendations of the
NCTCOG committees and Westlake specific amendments to address concerns related to our
unique development opportunities and concerns. Adoption of the 2006 International Codes and
the 2008 National Electrical Code will benefit the Town in several ways. The Building Code
Effectiveness Grading Schedule, issued by the Insurance Services Office as an insurance
underwriting tool, is greatly impacted by the timely adoption of the latest editions of the codes,
and Westlake currently has a Grading Classification of 4 for residential and 3 for commercial,
the highest of any municipality its size and equal to or better than any of our neighboring cities.
From a practical standpoint, the adoption of codes and amendments that are similar to those
adopted by neighboring cities helps contractors by allowing consistency in the design,
estimation, and installation phases of development, and allows training for continuing education
to be focused on the same editions of the codes.
Staff will give a brief comparative analysis of key provisions being amended along with the
rational for the recommended amendment at the Board of Aldermen meeting.
RURMTOM
There is no funding impact by this action.
Staff recommends approval.
ATTACHMENTS
Ordinance No. 602
Adopt *ion of
G
Codes
and
Amendm e nts
October 27., 200
9
m
a
® Entry gates and entry monuments
with low wall extensions may be
built in the front yard area only on
Homesires that front directly
on the two Collector Roads 'A'
and 'C'. Entry walls and
monuments must utilize approved
Vaquero stone, stucco and/or
metal for materials and shall
augment the architectural style of
the Residence.
Approved I"\ I"
pre-hammered solid
iron pickets at S"o.c.
i"
¢ 4"tth,
3• X 3' sq.
post.it 8,
spacing
SITE v LANDSCAPE GUIDELINES
® Entry walls must be set hack a
minimum of 2 feet behind the
dedicated utility easement and/or a
minimum of 2 feet behind the bike
path. Enrn,dares shall be set hack
from the paved edge of the
roadway a minimum of 20 feet.
Boulders mat-be
incorporated at
base ;optional;
12"np rr
3"ti-p. clear., -
6'-0"
typical °
4'--t"ttl,. _
.s•_
DESIGN Gt:IUE:LINFS
October 2002 • Page 4-21
Figure 4.16
WalllFence Alternatives
Dry-stack stone column with stacked
stone cap 20"sq.and 24-sq. to be
used at Irnce transitions and at
propene boundan•corners.
6'- 10"
t}p.
WOIE: I leight may adjust with slope
conditions.Adjustments in height
shall step utilizing 13"Y 3"post
with a cap. Post height to exceed
panel height bs,4".Steps to be 6"
minimum, 12"maximum.Wall
height to avenge 6'-0",with
minimum height ol-i'-S'to comply
with local pool safety enclosure
ordinances.
Stone column
see wa11 Type A
Wo rE. I leight mat•adjust with slope
conditions.Adjustments in height
shA step utilizing a 3"'C 3"post
with a cap.Post height to exceed
panel height by 4".Steps to be 6"
minimum. 12"m.tximum.Wall height
to average 6'-0",with minimum
height of-5'-S'to comply with loc.d
pool saleti-enclosure ordinances.
TOWN OF WESTLAKE, TEXAS
BOARD OF ALDERMEN WORKSHOP
AGENDA
OCTOBER.27, 2008
WESTLAKE TOWN HALL
3 VILLAGE CIRCLE
MUNICIPAL COURT ROOM, SUITE 207
4:15 p.m.
1. CALL TO ORDER.
2. HEAR AND DISCUSS PRESENTATION FROM TARRANT REGIONAL
TRANSPORTATION COUNCIL REGARDING REGIONAL TRANSPORTATION.
3. HEAR AND DISCUSS REPORT FROM DISH, TEXAS MAYOR REGARDING
PREEMPTION OF MUNICIPAL REGULATION OF CERTAIN INTRA-STATE
GAS UTILITIES.
4. DISCUSSION AND CONSIDERATION OF A PROPOSED POLICY REGARDING
BOARD OF ALDERMEN/BOARD OF TRUSTEE CITIZEN ADVISORY BOARD,
COMMISSION, COMMITTEE, AND AFFILIATE RELATIONS AND
COMMUNICATIONS.
5. DISCUSSION AND CONSIDERATION OF CHANGING THE NAME OF THE
BOARD OF ALDERMEN TO TOWN COUNCIL OR CITY COUNCIL.
Town of Westlake Board of Aldermen
Workshop Agenda
October 27,2008
Page 2 of 2
6. FUTURE AGENDA ITEMS: Any Board member may request at a workshop and / or Board
meeting, 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 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.
- None
7. 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 551.87 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 Friday,
October 24,2008,by 4 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
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Tom Brymer, Town Manager
Subject: Workshop Meeting of October 27, 2008
Date: October 21, 2008
ITEM
Hear and Discuss Presentation from Tarrant Regional Transportation Council Regarding
Regional Transportation.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
Q Inviting Residential&Corporate Neighborhoods
o On-going comprehensive planning
o Highest quality development and aesthetic standards
o Open space preservation
R1 We are Leaders
o Environmental Stewardship initiatives
o Infrastructure maintenance and planning
BACKGROUND
Tarrant Regional Transportation Council (TRTC) extended an invitation to the Town to
make a presentation to the Board regarding regional transportation. As regional
transportation is of utmost importance in the DFW region, Mr. Vic Suhm, TRTC
Executive Director, has been invited to address the Board.
FUNDING
N/A
RECOMMENDATION
No recommendation.
ATTACHMENTS:
None.
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Tom Brymer, Town Manager
Subject: Workshop Meeting of October 27, 2008
Date: October 20,2008
ITEM
Hear and discuss report from Dish, Texas Mayor regarding preemption of municipal
regulation of certain intra-state gas utilities.
VISION POINT AND KEY RESULT AREAS
This item supports the following Town Vision Point and Key Result Areas:
Q Inviting Residential & Corporate neighborhoods
o On-going comprehensive planning
o Sensitivity to neighborhood integrity
o Outstanding community appearance
o Highest quality development and aesthetic standards
o Open space preservation
Q We are Leaders
o Environmental stewardship initiatives
BACKGROUND
The Town of Dish, TX has contacted the Town of Westlake requesting that we consider
this resolution. This resolution urges the Texas Legislature to allow greater municipal
oversight of intra-state gas utilities which transport natural gas for the benefit of
production companies. These intra-state gas utilities have greater powers, including
eminent domain(condemnation),than typical public utilities or municipalities.
Dish Mayor Calvin Tillman will address the Board regarding the request.
An item has been placed on the regular meeting agenda for the Board's consideration.
FUNDING
N/A
RECOMMENDATION
No recommendation.
ATTACHMENTS
None.
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Tom Brymer, Town Manager
Subject: Workshop Meeting of October 27, 2008
Date: October 22, 2008
ITEM
Discussion and Consideration of a Proposed Policy Regarding Board of Aldermen/Board
of Trustee Citizen Advisory Board, Commission, Committee,and Affiliate Relations and
Communications
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
R1 Hospitality Finds its Home in Westlake
o Citizen engagement and communication
BACKGROUND
In discussing one Board advisory committee's plans to obtain IRS tax-exempt status, the
Board had indicated some interest in reviewing and coordinating these types' decisions
and efforts. This draft policy is proposed as a broader attempt to allow the Board to
coordinate, communicate, and collaborate with all of the Board of Aldermen's and Board
of Trustee's citizen advisory boards, commissions, committees, and affiliates regarding
each group's roles, responsibilities, program of service, requests and use of Town funds
and resources, as well as the fiduciary/stewardship responsibilities and requirements for
these groups.
FUNDING: N/A at this time
RECOMMENDATION
Review and discuss this draft policy to see if it begins to address issues that the Board
finds pertinent and relevant. Once the Board reviews this draft and, if the Board
determines this draft policy or a modified version is satisfactory to them,then the Board
could determine if it wishes to solicit input and feedback about this draft policy from the
affected organizations. If the Board wishes to receive that feedback,thought should be
given to the forum used to receive that feedback(i.e. - staff meeting with officers from
these various groups, or the Board holding a workshop with those officers). Upon getting
feedback from the various groups about the draft policy and, if the Board makes any
further changes to the draft policy,the Board could then consider the policy for adoption.
Following adoption the final version of the policy would then be communicated to the
affected organizations.
ATTACHMENTS:
Draft Citizen Advisory Board, Commission, Committee, and Affiliate Relations and
Communications Policy
TOWN OF WESTLAKE/WESTLAKE ACADEMY DRAFT 10-22-08
BOARD OF ALDERMEN/BOARD OF TRUSTEES
CITIZEN ADVISORY BOARD/COMMITTEE/AFFLIATE RELATIONS AND COMMUNICATIONS POLICY
I. POLICY PURPOSE. To establish a clear framework and process for enhanced collaborative interaction,
communication, and mutual understanding of roles and responsibilities between the Board of Aldermen (BOA)
and the Board of Trustees (BOT) and their various citizen advisory boards, commissions, committees, and
organizations affiliated with the Town of Westlake and/or Westlake Academy.
II. POLICY GOALS. The goals of this policy are:
A. Enhanced two-way communication between the BOA/BOT and its various advisory boards,
commissions, committees and affiliate organizations (and vice versa).
B. Reaching mutual agreement regarding annual programs of work for these various citizen advisory
boards, commissions, committees, and affiliate organizations to enhance and assist in the pursuit of the
BOA's/BOT's strategic priorities.
C. Achieving a common paradigm that all advisory boards, commissions, committees, and affiliates of the
Town of Westlake and Westlake Academy exist to further the BOA/BOT strategic agenda and are under
the direct control of BOT/BOA or, if they are a Westlake Academy affiliate, are under the day-to-day
direction of the Head of School.
D. Creating a clear understanding, coordination, and agreement by the BOA/BOT and its citizen advisory
boards, commissions, committees, and affiliate organizations as to each group's role, function, and scope
of responsibility in terms of their relationship to the Town of Westlake and/or Westlake Academy.
E. Establishing a direct link between Westlake Academy, its Head of School, and the Academy's Senior
Management Team as being the first point of contact for coordinating the activities of Westlake Academy
affiliates.
III. POLICY PARAMETERS. To achieve this policy's purpose and goals, the following parameters are put in
place:
A. Annual Meeting with Board. All BOT/BOA advisory boards, committees, commissions, and
affiliate organizations shall meet at least annually with the BOT/BOA to:
1.) Report on progress to date in implementing that group's program of work for the current
fiscal year
2.) Review a proposed program of work for the coming fiscal year as well as submit any budget
requests and requested staff resources for this proposed program of work. Said program of
work will be discussed within the context of the organization's program of work carrying out the
BOT's/BOA's strategic plan for both the Town and Westlake Academy. All funding requests
should be submitted not later than the July 1St prior to the upcoming fiscal year. Requests
received after that time will not be considered u ntil the following fiscal year.
3.) Review fund raising activities underway or planned to support the current or proposed plan
of work.
4.) The chair of each advisory board, committee, and/or affiliate organization shall schedule this
annual meeting (or more frequent if needed) through the Town Secretary's office. The
BOT/BOA may choose to hold these meetings one or two times per year.
1
5.) All affiliates of Westlake Academy, prior to meeting with the BOT/BOA, will meet with the
Head of School to make sure they their proposed efforts are coordinated through the Head of
School and his/her designates.
B. IRS Tax-Exempt Status Requests. All advisory committees, commissions, boards, and affiliates
seeking tax-exempt status from the Internal Revenue Service 501(c)3 must receive prior approval from
the BOA/BOT. When submitting a request to the BOA/BOT to apply for this IRS 501(c)3 status, the
organization wishing to apply must be able to demonstrate and illustrate to the BOT/BOA the benefits of
this status for achieving BOT/BOA strategic priorities as well as the advantages of this designation not
currently afforded by the Town's existing tax-exempt status. Further, the organization requesting to
apply for this 501(c)3 status must be able to demonstrate to the BOA/BOT their organizational capacity
to administer and comply with all IRS regulations related to this status on an on-going basis.
C. Use of Town and Academy Name, Resources, and Logos. Any advisory board, commission, or
committee, as well as affiliate organizations of the Town or Westlake Academy, that wish to begin using
the Town or Academy's name or logo in their operational efforts must receive prior approval from the
BOA/BOT. Said approval can be withdrawn at any time by the BOA/BOT. Additionally, any on-going
use of Town facilities, resources, and staff by an advisory committee, commission, board, or affiliate
must be requested through the Town Manager's office and is subject to his/her approval prior to on-
going utilization of those resources. Requests to add organizations covered by this policy to the Town's
insurance policy shall be submitted to the Town Manager for his prior approval before any insurance
coverage is extended. If approved, the annual cost of this insurance shall be borne by the requesting
organization. Requests to add staff to support any advisory board, commission, committee, or affiliate
shall be made through the Town Manger's office as a part of the annual budget preparation process
and must be approved in advance by the BOA/BOT. This request will include the identification of
funding resources to pay for this position, the operational reporting arrangement for this position, and
which payroll/insurance program this position will fall under.
D. Fiduciary/Stewardship Responsibilities and Requirements. All advisory boards, commissions,
committees, and affiliates that expend funds through their own bank accounts must first have BOT/BOA
approval to have separate bank accounts. Additionally, if this approval for separate bank accounts is
authorized by the BOT/BOA, a timely annual audit of this account(s) shall be submitted to the Town
Manager or his/her designate for presentation to the BOT/BOA. Said audit may be conducted by an
external CPA auditing firm or may be conducted by the Town's Director of Finance with that decision
being made by the Town Manager depending on staff workload requirements at the time. Since the
Westlake Academy Foundation has IRS 501(c)3 status at the time of the adoption of this policy, that
organization shall, at its cost, utilize the same external auditor concurrently used to audit Westlake
Academy finances. This Westlake Academy Foundation audit shall be prepared on a timely basis for
presentation to the BOT at the same time that the Academy's audit is presented. For those advisory
boards, commissions, and committees funded by the BOA/BOT through the Town or Academy
approved budget, use of approved budgetary allocations shall be made on transaction by transaction
basis. That is, the chair or president of that organization will identify the vendor they wish to utilize,
contact the Town's Director of Finance, and submit necessary invoices so that the vendor can be paid
by the Town for goods/services rendered to that advisory committee, commission, or board from their
BOA/BOT approved budget. Use of approved Town budgeted funds by these organizations shall be in
accordance with State purchasing statutes and Town purchasing policies.
K
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Tom Brymer, Town Manager
Subject: Workshop Meeting of October 27, 2008
Date: October 21,2008
ITEM
Discussion and consideration of changing the name of the Board of Aldermen to Town
Council or City Council.
VISION POINT AND KEY RESULT AREAS
This item supports the following Town Vision Point and Key Result Areas:
Q Hospitality Finds its Home in Westlake
o Citizen engagement and communication
BACKGROUND
At the Board of Aldermen's September 22, 2008 workshop, the Board approved taking
up this agenda item submitted by Alderman Brittan. The Town Attorney will brief the
Board on this item at the workshop.
This item was presented and discussed at the October 6, 2008, Aldermen Workshop. Due
to the absence of Alderman Brittan, the Board agreed to have the item placed on a future
agenda for consideration and discussion.
19iJ►1111eM,
TBD. This would depend on the approach used regarding existing supplies of stationary,
business cards, name plates, etc. There may be costs associated with updating the
Town's code of ordinances where there are references to the Board of Aldermen that
would be replaced with Town Council or City Council.
RECOMMENDATION
Following a briefing by the Town Attorney, it is recommended that the Board determine
whether or not this is something that it wishes to pursue and if it is, give appropriate
direction to staff.
ATTACHMENTS
None
Town of
Westlake
Item # 6 —
Future Agenda
Items
6. FUTURE AGENDA ITEMS: Any Board member may request at a workshop
and / or Board meeting, 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 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.
- None.
Aldermen /Trustees Planning Calendar
Date
Contact
Description
Format
5/12/08
School Exit Interviews
Workshop
5/13/08
Town facilities naming policy
Workshop
5/23/08
J. Greenwood
Southlake Waterline Proposal
Workshop
5/30/08
T. Meyer
Cemetery Rules and Regs.
Workshop
7/29/08
T. Meyer
Park and Rec.Adv. Board
Workshop
J. Greenwood
Stagecoach Hills Drainage
Workshop
Nov. 10, 2008, Meeting (Aldermen and Trustees)
Date Contact Description Format
10/21/08 T. Brymer Survey Development Workshop
Dec. 8, 2008, Meeting (Aldermen and Trustees)
Date Contact Description Format
10/21/08 T. Brymer Survey Development Workshop
10/21/08 T. Brymer Approve 2009 Meeting Calendar—Trustees and Aldermen Wkshp/Mtg
Jan. 12, 2009, Meeting (Aldermen and Trustees)
Date Contact Description Format
10/21/08 T. Brymer Survey Development—Aldermen Workshop
10/21/08 M. Rosevear Approve 2009-2010 School Calendar-Trustees Meeting
Jan. 26, 2009, Meeting (Aldermen and Trustees)
Date Contact Description Format
S M T W Th F Sa
1 % 2 3 € 4
. _ - _
5 7 8 9.__... 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 28 29 ' 30 31
S M T W Th F Sa
® Trustee and Aldermen Meeting Aldermen Meeting
Holiday
Town of
Westlake
Item # 7 —
Adjournment
Back up material has not
been provided for this item.
TOWN OF WESTLAKE, TEXAS
BOARD OF ALDERMEN REGULAR MEETING
AGENDA
October 27, 2008
WESTLAKE TOWN HALL
3 VILLAGE CIRCLE
MUNICIPAL COURT ROOM, SUITE 207
7:00 p.m.
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
Town of Westlake Board of Aldermen
Regular Meeting Agenda
October 27,2008
Page 2 of 3
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 Joint Regional Meeting held on September 10,
2008.
b. Review and approve minutes of the Board of Aldermen regular meeting and
workshop and held on October 6, 2008.
Consider a Resolution authorizing the Town Manager to enter into an Inter-local
Agreement with Tarrant County for brush clearance and culvert installation on
V(/ Precinct Line Road.
bD s �d. Consideration of a Resolution opposing the continued preemption of municipal
regulation of certain intra-state gas utilities and urging legislative action to permit
j rea gocal oversight.
,_ ttYC 411- S1 C
IDER SOLUTION APPOINTING PETE EHRENBERG TO SERVE
/� AS PRESIDENT OF TEXAS STUDENT HOUSING ENTITIES ON AN INTERIM
V BASIS AND APPROVING THE TERMS OF AN EMPLOYMENT AGREEMENT.
CONSIDER A RESOLUTION AUTHORIZING THE RENTAL OF CIVIC
/ CAMPUS FACILITIES AND APPROVING THE WESTLAKE ACADEMY /
CIVIC CAMPUS FACILITY USE FEES, GUIDELINES,AND POLICIES.
CONSIDER AN ORDINANCE ADOPTING THE 2006 EDITIONS OF THE
INTERNATIONAL RESIDENTIAL CODE (IRC),INTERNATIONAL BUILDING
CODE (IBC), INTERNATIONAL ENERGY CONSERVATION CODE (IECC),
INTERNATIONAL FUEL GAS CODE (IFGC), THE INTERNATIONAL
MECHANICAL CODE (IMC), THE INTERNATIONAL PLUMBING CODE
(IPC), AND THE 2008 EDITION OF THE NATIONAL ELECTRICAL CODE
(NEC)AND AMENDMENTS FOR EACH CODE.
f 8. CONSIDER AN ORDINANCE ADOPTING THE 2006 INTERNATIONAL FIRE
•� CODE AND AMENDMENTS.
CONSIDER AN ORDINANCE AMENDING CHAPTER 94 SECTION 31 OF THE
WESTLAKE CODE OF ORDINANCES SETTING WATERIWASTE WATER
RATES AND TAP FEES.
7. FUTURE AGENDA ITEMS: Any Board member may request at a workshop and / or
Board meeting, 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 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
Town of Westlake Board of Aldermen
Regular Meeting Agenda
October 27,2008
Page 3 of 3
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.
- None
YBOARD CALENDAR.
- Texas Municipal League Annual Conference and Exhibition
o 10/28— 10/31, San Antonio,Texas
- Aldermen Joint Workshop with Texas Student Housing Authority Board
- 11/3, 4:15 p.m. Town Hall Offices
- FM 1938 Public Hearing
o 11/6, displays at 6:30 p.m., public hearing at 7 p.m.
Cross Timbers Community Church,2525 Florence Road, Keller
- Household Hazardous Waste collection day
o 11/8, 9 a.m.to I 1 a.m., Westlake Academy Campus
- Gas Well Drilling Informational Meeting
o 11/11, 7 to 9 p.m., Town Hall Offices
- WHPS Annual Board Meeting
o 11/13, 6 p.m.—7:30 p.m., Marriott Solana
- Christmas Tree Lighting
- Tuesday, 12/2, 6:30 p.m., Westlake Academy Campus
- Joint Regional Meeting
o 1/29/09, 6:30 p.m., Westlake Town Hall
1jr 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 Friday,
October 24,2008,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 — Citizens'
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.
MINUTES OF THE JOINT REGIONAL MEETING BETWEEN THE CITY COUNCIL
OF THE CITY OF ROANOKE,BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE,TOWN COUNCIL OF THE TOWN OF TROPHY CLUB AND THE
BOARD OF DIRECTORS OF THE NORTHWEST INDEPENDENT SCHOOL
DISTRICT
LOCATION: 108 S. OAK STREET,ROANOKE, TEXAS
WEDNESDAY,SEPTEMBER 10,2008 6:30 P.M.
ROANOKE CITY COUNCIL MEMBERS AND STAFF PRESENT:
Scooter Gierisch
Mayor
Holly Gray-McPherson
Mayor Pro Tem
Brian Darby
Council Member
Kevin Stillwell
Council Member
Melvin Smith
Council Member
Jimmy Stathatos
City Manager
Debra Wallace
Assistant City Manager
Ronnie Angel
Parks and Recreation Director
Cody Petree
Public Works Director
Gary Johnson
Police Chief
Brad Goudie
Deputy Fire Chief
Kim Barnes
City Secretary
TROPHY CLUB TOWN COUNCIL MEMBERS AND STAFF PRESENT:
Nick Sanders
Mayor
Jim Moss
Council Member
Kathleen Wilson
Council Member
Brandon Emmons
Town Manager
Stephen Seidel
Assistant Town Manager
Lisa Ramsey
Town Secretary
Adam Adams
I
Parks and Recreation Director
WESTLAKE TOWN COUNCIL MEMBERS AND STAFF PRESENT:
Laura Wheat
Mayor
I Carol Langdon
Alderwoman
Rebecca Rollins
Alderwoman
Larry Corson
Alderman
Tim Brittan(arrived at 6:40 p.m.)
Alderman
Thomas E. Brymer
Town Manager
Kim Sutter
Town Secretary
Eddie Edwards
Director of Planning&Development
Don Wilson
Director of Public Safety
Sharon Wilson
Municipal Court Clerk
Minutes of Joint Regional Meeting
September 10,2008
NISD MEMBERS PRESENT:
Dr. Karen Rue
Devonna Holland
Dennis McCreary
B.
C.
CALL CITY COUNCIL TO ORDER
Page 2 of J
Superintendent
Board Member
Assistant Superintendent of Facilities,
Planning, and Construction
Mayor Gierisch, City of Roanoke, called the meeting to order at 6:36 p.m.
Mayor Sanders, Town of Trophy Club, advised that a quorum of the Trophy Club
Council was not present.
Mayor Wheat, Town of Westlake, called the meeting to order at 6:37 p.m.
Members of each City or Board were introduced at this time.
PRESENTATION
Mr. Dennis McCreary, NISD Assistant Superintendent for Facilities, Planning and
Construction addressed the group regarding the district's growth and development and
presented information relative to the design standards for schools in the district.
Mr. McCreary addressed questions from the group as well as members of the audience.
NEW BUSINESS
1. DISCUSS AND RECEIVE INPUT REGARDING LIBRARY.
Mayor Sanders advised that a task force.has been formed consisting of school
district representatives and residents of Trophy Club for the purpose of exploring
the possibility of joint use facilities beyond a library.
Discussion ensued with regard to the logistics of staffing and operating a joint use
facility, including the need to segregate library visitors from students, suitable
material, and funding, including grant funds.
Mayor Gierisch advised that the City of Roanoke is currently evaluating the
possibility of expanding the existing Roanoke library.
2. DISCUSS AND RECEIVE INPUT REGARDING PARK FACILITIES:
a) Each Entity Provide Brief Overview of Current and Future Park Plans
Mr. Ronnie Angel, Roanoke, gave a status report of the Roanoke park facilities.
He stated that the Roanoke Recreation Center has been open for 3 years and
has doubled itsmembership (6,300 members).
City Manager Stathatos (Roanoke) mentioned the possibility of a land acquisition
to expand the park area.
Minutes of Joint Regional Meeting
September 10,2008
Page 3 of 4
Mayor Sanders (Trophy Club) advised that Trophy Club is working on a park
master plan for Marshall Creek Park and is referring to the park as Trophy Club
Park. Mayor Sanders emphasized the need to work together to provide facilities
for multiple types of sport activities.
Discussion ensued regarding the name of the Trophy Club/Marshall Creek Park.
Mr. Adam Adams, Trophy Club, presented a status report of Trophy Club park
facilities, and advised that RFQ's were received last week for the Corp property
b) Discussion of Marshall Creek Park
Discussion ensued with regard to the park.
Council Member Wilson, Trophy Club, expressed her desire to appoint a regional
joint task force to review and evaluate the project and address the naming rights
issue.
Mayor Gierisch suggested scheduling a meeting with the three (3) cities to start
this process.
c) Discussion of Natatorium Facility
Dr. Rue announced that the NISD will commence a feasibility study to evaluate
the practicability of a natatorium, including when it makes sense to construct a
facility and the location of the facility. Dr. Rue advised that the District currently
compensates the City of Keller$15,000/year for use of the facility.
Mr. McCreary stated that the District has a five (5) year contract with the City of
Keller, and the Keller facility meets the needs of the district. Mr. McCreary
added that the feasibility study is scheduled to begin in the spring 2009.
Mayor Gierisch suggested that the study be shared with the group when
completed.
3. DISCUSS AND RECEIVE INPUT REGARDING HIGHWAY 170 —
HIGHWAY 114 INTERCHANGE.
Mayor Sanders advised that the continuation of Highway 114 to side roads in
Trophy Club, heading west, is estimated at$33.9 million dollars and the project is
expected to let in September 2011.
Mayor Sanders emphasized the importance of the local communities to stay
involved in this project.
4. DISCUSS AND RECEIVE INPUT REGARDING INTER-COMMUNITY
DEVELOPMENT COMMUNICATION AND DEVELOPMENT ALONG
Minutes of Joint Regional Meeting
September 10,2008
Page 4 of 4
HIGHWAYS 114 AND 170 OF MUTUAL INTEREST TO ALL
COMMUNITIES.
Alderman Corson addressed the group regarding the item and presented a
memorandum of understanding (MOU) as drafted for a joint effort with three (3)
Colorado counties. Mr. Corson highlighted sections of the document that could
have applicability toward a joint regional corridor agreement.
Mayor Sanders, Trophy Club, suggested that a similar draft document be
presented at the next quarterly meeting for discussion.
5. SCHEDULE FUTURE MEETINGS.
Next meeting tentatively scheduled to take place on Thursday, January 29, 2009,
in Westlake.
D. ADJOURNMENT
MOTION: Councilman M. Smith made a motion to adjourn the meeting. Council K.
Stillwell seconded the motion. The motion carried unanimously.
Mayor Gierisch, Roanoke, adjourned the meeting at 8:40 p.m.
MOTION: Alderwoman Rollins made a motion to adjourn the meeting. Alderwoman
Langdon seconded the motion. The motion carried unanimously.
Mayor Wheat, Westlake, adjourned the meeting at 8:40 p.m.
Laura Wheat, Mayor
Kim Sutter, TRMC,Town Secretary
MINUTES OF THE
TOWN OF WESTLAKE,TEXAS
BOARD OF ALDERMEN REGULAR MEETING
October 6,2008
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, DPS Director Don Wilson, Assistant
to the Town Manager Ginger Awtry, and Director of Planning and
Development Eddie Edwards.
1. CALL TO ORDER.
Mayor Wheat called the meeting to order at 7:53 p.m.
2. CITIZEN PRESENTATIONS.
There was no one present wishing to address the Board.
3. CONSENT AGENDA.
Mayor Wheat introduced the consent agenda and asked for a motion.
a. Review and approve minutes of the Board of Aldermen special meeting held on
September 15, 2008.
b. Review and approve minutes of the Board of Aldermen regular meeting and
workshop and held on September 22, 2008.
c. Review and approve minutes of the Board of Aldermen and Planning and Zoning
Commission joint workshop held on September 29, 2008.
d. Resolution No. 08-56 - Consider a Resolution authorizing the Town Manager to
execute an Inter-Local Agreement with the City of Fort Worth for the Environmental
Collection Center and Household Hazardous Waste Program on an annual basis.
Town of Westlake Board of Aldermen
Regular Meeting Minutes
October 6,2008
Page 2 of 6
MOTION: Alderwoman Rollins made a motion to approve the consent agenda as
presented. Alderwoman Langdon seconded the motion. The motion
carried by a vote of 4-0.
4. HEAR REPORT FROM THE PRESIDENT OF THE WESTLAKE HISTORICAL
PRESERVATION SOCIETY.
Mrs. Sharon Sanden, President of the Westlake Historical Preservation Society (WHPS),
addressed the Board regarding the status of the history book, and expressed her
appreciation to the Board for the advanced funding to proceed with the printing of the
publication.
Mrs. Joyce Gibson-Roach addressed the Board regarding the Westlake history book, The
Little Town that Could. Mrs. Roach provided .a written comprehensive report to the
Board outlining the book orders received to date and the strategy, financing and
marketing plan for the sale of the books. Mrs. Roach advised the Board that the book is
expected to be available in early January and described the book as a "very balanced
view of Westlake."
Mrs. Kristi Layton, Treasurer of the WHPS, addressed the Board regarding the cost and
payments associated with the printing and publication of the book. Mrs. Layton advised
that a local developer has agreed to purchase 28 copies of the books.
Discussion ensued with regard to the cost of the book, the loan from the Town, and the
reasoning for ordering 1,250 books.
Mayor Wheat asked that a member of the Board of Aldermen be permitted to view the
next proof of the book.
Mrs. Gibson-Roach replied that she would be happy to comply with the request after the
next proofing cycle.
The Board expressed their appreciation to Mrs. Gibson-Roach for her efforts associated
with the history book and the historical society.
WHPS President Sanden announced that the WHPS annual board meeting will be held
November 13, 2008, from 6 p.m.to 7:30 p.m. at the Marriott Solana.
Mrs. Joyce Gibson-Roach read her letter of retirement as the editor of The Pathfinder
5. CONSIDER A RESOLUTION APPOINTING INDIVIDUALS TO SERVE AS
MEMBERS OF THE WESTLAKE HISTORICAL PRESERVATION SOCIETY.
Mayor Wheat introduced the item and asked for a motion.
Town of Westlake Board of Aldermen
Regular Meeting Minutes
October 6,2008
Page 3 of 6
MOTION: Alderwoman Rollins made a motion to approve Resolution No. 08-57,
appointing Mrs. Kelly Bradley and Ms. Heidi Kloempken to serve as
members of the Westlake Historical Preservation Society. Alderwoman
Langdon seconded the motion. The motion carried by a vote of 4-0.
6. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE
APPROVING AN APPLICATION FOR AN AMENDMENT TO THE
COMPREHENSIVE ZONING ORDINANCE TO REZONE AND AMEND THE
METES AND BOUNDS OF AN APPROXIMATELY 276-ACRE TRACT OF
LAND GENERALLY LOCATED IN TARRANT COUNTY, TEXAS. (ZONING
CASE 08-05).
Mayor Wheat introduced the item and opened the public hearing.
Mr. Joe Schneider, Vice President of Hillwood Development, was present to address
questions from the Board.
Town Manager Brymer advised the Board that the case removes all single-family
residential uses and increases the allowable square footage for Office Use from 164,700
to 1,200,000 square feet, and creates a buffer zone running parallel to Dove Road.
There being no one requesting to speak, Mayor Wheat closed the public hearing.
MOTION: Mayor Pro Tern Redding made a motion to adopt Ordinance No. 600,
approving an application for an amendment to Planned Development 3-3
(PD 3-3). Alderman Corson seconded the motion. The motion carried by
a vote of 4-0.
7. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE
APPROVING AN APPLICATION FOR A SPECIFIC USE PERMIT (SUP-08-01)
FOR A PRIVATE WATER WELL TO BE LOCATED AT 1502 WILLS COURT
IN THE VAQUERO RESIDENTIAL ADDITION-PHASE I; LOT 5R,BLOCK H.
Mayor Wheat introduced the item and opened the public hearing.
Director of Planning and Development Edwards addressed the Board regarding the item.
Alderman Corson asked if the Town contacted the Vaquero Homeowner's Association
regarding the application as he recalled that applications for water wells in Vaquero were
presumably a coordinated effort between the Town and the Homeowner's Association.
Director of Planning and Development Edwards replied that he was not aware of a
coordinated effort regarding water well applications with the Vaquero Homeowner's
Association.
There being no one requesting to speak,Mayor Wheat closed the public hearing.
Town of Westlake Board of Aldermen
Regular Meeting Minutes
October 6,2008
Page 4 of 6
MOTION: Alderwoman Rollins made a motion to adopt Ordinance No. 601,
approving an application for a special use permit for a private water well
to be located at 1502 Wills Court. Alderwoman Langdon seconded the
motion. The motion carried by a vote of 3-0, with Alderman Corson
abstaining from the vote, as he was uncertain if the water well standards
met the requirements of the Vaquero Homeowner's Association.
8. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE
APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR A
PRIVATE WATER WELL 2600 JT OTTINGER (WITHDRAWN BY
APPLICANT).
Mayor Wheat introduced the item and opened the public hearing.
There being no on requesting to speak, Mayor Wheat closed the public hearing.
Town Manager Brymer advised the Board that the application has been withdrawn and
no further action is required by the Board.
9. FUTURE AGENDA ITEMS.
No items were presented for discussion.
10. BOARD CALENDAR.
Mayor Wheat reviewed the Board calendar.
- NW Metroport Chamber of Commerce State of the Cities
o Tuesday, 10/7/08, 11:30 a.m.Trophy Club Country Club
- Arbor Day Celebration
o Saturday, 10/11, Glenwyck Farms park area, 8 a.m.—3 p.m.
- Texas Municipal League Annual Conference and Exhibition
o 10/28— 10/31/08, San Antonio, Texas
- FM 1938 Public Hearing
o 11/6, displays at 6:30 p.m., public hearing at 7 p.m.
Cross Timbers Community Church, 2525 Florence Road, Keller
- Household Hazardous Waste collection day
o 11/8/08, 9 a.m.to 11 a.m.,Westlake Academy Campus
- Christmas Tree Lighting
o Tuesday, 12/2/08, 6:30 p.m.
11. EXECUTIVE SESSION
Mayor Wheat recessed the regular session of the Board of Aldermen meeting at 8:3 7 p.m.
to discuss the following items in executive session:
Town of Westlake Board of Aldermen
Regular Meeting Minutes
October 6,2008
Page 5 of 6
a. Pursuant to Section 551.074 to discuss personnel matters; specifically to conduct
the Town Manager's evaluation.
b. Pursuant to Section 551.072: deliberation regarding the purchase, exchange, lease
or value of real property: Mineral interests owned by the Town.
c. Pursuant to Section 551.071(2): consultation with town attorney on a matter in
which the duty of the town attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with this Chapter: Governing structure and processes of Texas Student
Housing Authority
Mayor Wheat convened the executive session at 8:41 p.m. The executive session
adjourned at 10:54 p.m.
12. RECONVENE MEETING
Mayor Wheat reconvened the meeting at 11:01 p.m.
13. TAKE ANY ACTION FROM EXECUTIVE SESSION,IF NECESSARY
Mayor Wheat advised that action will be taken regarding items discussed in executive
session.
11(b). Pursuant to Section 551.072: deliberation regarding the purchase, exchange, lease
or value of real property: Mineral interests owned by the Town.
MOTION: Alderman Corson made a motion authorizing the Town Manager to
proceed with obtaining Request for Proposals (RFP's) and bids for the sale
and lease of Town owned mineral rights. Alderwoman Rollins seconded
the motion. The motion carried by a vote of 4-0.
11(c). Pursuant to Section 551.071(2): consultation with town attorney on a matter in
which the duty of the town attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts
with this Chapter: Governing structure and processes of Texas Student Housing
Authority
MOTION: Alderman Corson made a motion authorizing the Town Manager to invite
the Texas Student Housing Authority Board of Directors to participate in a
joint workshop to better define the job description of the TSHA president
and to gain a broader understanding of TSHA operations prior to
beginning the process of hiring a new president. Mayor Pro Tern Redding
seconded the motion. The motion carried by a vote of 4-0.
Town of Westlake Board of Aldermen
Regular Meeting Minutes
October 6,2008
14. ADJOURNMENT.
Page 6 of 6
There being no further business, Mayor Wheat asked for a motion to adjourn the meeting.
MOTION: Mayor Pro Tern Redding made a motion to adjourn the meeting.
Alderwoman Rollins seconded the motion. The motion carried by a vote
of 4-0.
Mayor Wheat adjourned the meeting at 11:08 p.m.
APPROVED BY THE BOARD OF ALDERMEN ON OCTOBER 27, 2008.
Laura Wheat, Mayor
ATTEST:
Kim Sutter,TRMC,Town Secretary
TOWN OF WESTLAKE,TEXAS
MINUTES OF THE
TOWN OF WESTLAKE,TEXAS
BOARD OF ALDERMEN WORKSHOP
October 6,2008
PRESENT: Mayor Laura Wheat and Aldermen Larry Corson, Carol Langdon (arrived at 4:27
p.m.), Don Redding, and Rebecca Rollins.
ABSENT: Alderman Tim Brittan.
STAFF PRESENT: Town Manager Thomas Brymer, Town Attorney Stan Lowry,
Town Secretary Kim Sutter, DPS Director Don Wilson, Assistant
to the Town Manager Ginger Awtry, and Planning and
Development Director Eddie Edwards.
1. CALL TO ORDER.
Mayor Wheat called the workshop to order at 4:22 p.m.
2. PRESENTATION,DISCUSSION,AND CONSIDERATION OF SURVEYS FOR
CITIZEN/STAKEHOLDER ENGAGEMENT AND FEEDBACK.
Town Manager Brymer introduced Mr. Chris Tathum of ETC Institute.
Mr. Chris Tathum, representing ETC Institute, addressed the Board regarding the item,
and explained that ETC Institute is one of the nation's leading community-based market
research firms.
Mr. Tathum reviewed the survey process, including assessment of priorities and analysis
of survey results.
Discussion ensued with regard to means of conducting the survey, length of the survey,
analysis of data, estimated cost of service, typical response rate, process for determining
survey questions, the best time of year to conduct surveys, and applicability to charter
schools.
Mr. Tathum advised the Board that the survey is administered over the phone, by mail,
and on the internet.
Town of Westlake Board of Aldermen
Workshop Minutes
October 6,2008
Page 2 of 4
Town Manager Brymer advised that workshops will be utilized in the months of
November and December to identify questions and the scope of services for conducting a
survey if the Board wishes to proceed with developing a survey.
It was the consensus of the Board to consider one additional bid from another survey
company with the intent of releasing the survey by the first quarter of 2009.
3. PRESENTATION AND DISCUSSION OF STAFF WORK TO DATE
REGARDING POSSIBLE AMENDMENTS TO THE OIL AND GAS WELLS
SECTION OF THE TOWN OF WESTLAKE CODE OF ORDINANCES.
Town Manager Brymer introduced the item and advised the Board that staff is seeking
direction regarding the framework for amending the existing ordinance. Once
established, a public input hearing will be held for citizen input.
Planning and Development Director Edwards reviewed the proposed key revisions. Mr.
Edwards added that staff is proposing a 600 foot baseline standard, a 300 foot absolute
minimum setback, and a 1,000 foot voluntary setback. Mr.Edwards presented additional
setbacks with regard to other structures and property lines and reviewed proposed drill
zone setbacks.
Discussion ensued regarding possibly including questions related to gas well drilling in
the survey planned for the first quarter of 2009, legal ramifications if the Board delays
adoption of the amended ordinance, safety distances, truck traffic and roadway
improvement and repair and a means to control truck traffic on the Town's roads.
It was the consensus of the Board to proceed forward with obtaining citizen input with
regard to the staff proposed setbacks.
Mr. Edwards advised the Board that fresh water for gas drilling operations will not be
provided by the Town without a Water Supply Agreement; however, fresh water wells
may be drilled on site or water may be trucked or piped in and stored on site.
Mr. Edwards presented two options to the Board with regard to wastewater disposal.
Town Manager Brymer advised the Board that both wastewater disposal options have
pros and cons.
Discussion ensued regarding wastewater disposal utilizing a saltwater disposal well
versus trucking or piping the wastewater out of the Town.
As the Board was not opposed to either option, staff will proceed with evaluating the
options and presenting for citizen input.
Mr.Edwards presented the proposed fencing, screening and landscaping requirements.
Town of Westlake Board of Aldermen
Workshop Minutes
October 6,2008
Page 3 of 4
Alderman Corson recommended stipulating the type of materials to be used for fencing
and screening as well requiring the use of evergreen shrubs as opposed to other
vegetation.
Mr. Edwards presented the proposed noise limitations and compared the decibels limits
with neighboring cities.
Discussion ensued with regard to ambient noise levels and the likelihood of enforcing the
decibels levels.
Mr. Edwards presented the proposed lighting standards and a comparison of the
requirements to neighboring cities. Mr. Edwards stated that the lighting standards will
conform to the Town's outdoor lighting ordinance to the degree practical and safe.
Town Manager Brymer advised the Board that staff will solicit citizen input before
presenting a draft ordinance to the Board for adoption.
4. DISCUSSION AND CONSIDERATION OF CHANGING THE NAME OF THE
BOARD OF ALDERMEN TO TOWN COUNCIL OR CITY COUNCIL.
Town Manager Brymer advised the Board that this item is being presented for discussion
at the request of Alderman Brittan.
Town Attorney Lowry advised the Board that it is not uncommon for the governing body
of a Type A General Law city to be referred to as the Town Council or City Council.
Board discussion ensued with regard to the change.
In the absence of Aldermen Brittan,Town Manager Brymer suggested the item be placed
on a future agenda for discussion.
5. FUTURE AGENDA ITEMS
No items were submitted for discussion.
6. ADJOURNMENT.
There being no further business,Mayor Wheat asked for a motion to adjourn.
MOTION: Mayor Pro Tem Redding made a motion to adjourn the workshop.
Alderwoman Rollins seconded the motion. The motion carried by a vote
of 4-0.
Mayor Wheat adjourned the workshop at 6:43 p.m.
Town of Westlake Board of Aldermen
Workshop Minutes
October 6,2008
APPROVED BY THE BOARD OF ALDERMEN ON OCTOBER 27, 2008.
Laura Wheat, Mayor
ATTEST:
Kim Sutter, TRMC,Town Secretary
Page 4 of 4
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Jarrod Greenwood, Public Works Superintendent
Subject: Regular meeting of October 27, 2008
Date: October 8, 2008
ITEM
Consider a Resolution authorizing the Town Manager to enter into an Inter-local
Agreement with Tarrant County for brush clearance and culvert installation on Precinct
Line Road.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
R1 Inviting Residential and Corporate Neighborhoods
o Sensitivity to neighborhood integrity
BACKGROUND
Vaquero Home Owner Association representatives contacted staff regarding a drainage
issue at Precinct Line Road near the Sabine Drive entrance. The Town's engineer
inspected the area and concluded that vegetative growth and an undersized existing
culvert are restricting the subdivision's ability to drain properly. Staff petitioned Tarrant
County to provide assistance with the drainage work. Tarrant County has agreed to clear
the brush and install a larger diameter culvert.
FUNDING
Funding will remain unchanged, as the costs were included in the preparation of the
adopted FY 08/09 budget.
RECOMMENDATION
Staff recommends approval.
ATTACHMENTS:
Resolution No. 08-58
Proposed Interlocal Agreement with Tarrant County
TOWN OF WESTLAKE
RESOLUTION NO. 08-58
ENTERING INTO AN INTER-LOCAL AGREEMENT WITH TARRANT COUNTY,
TEXAS REGARDING BRUSH CLEARANCE AND CULVERT INSTALLATION ON
PRECINCT LINE ROAD; AND AUTHORIZING THE TOWN MANAGER TO
EXECUTE THE AGREEMENT OF BEHALF OF THE TOWN OF WESTLAKE,
TEXAS.
WHEREAS,the Town of Westlake desires to maintain public drainage facilities; and
WHEREAS, the Board of Aldermen finds that the Inter-local agreement and Precinct
Line Road drainage improvements benefit the public; and
WHEREAS, the Board of Aldermen finds that the passage of this Resolution is in the
best interest of the public.
NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF ALDERMEN TO THE
TOWN OF WESTLAKE,TEXAS:
SECTION 1. THAT, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2. THAT, the Board of Aldermen of the Town of Westlake, Texas, hereby
approves the Inter-Local Agreement with the Tarrant County relating to the provision of brush
clearance and culvert installation, attached hereto as Exhibit "A"; and further authorizes the
Town Manager to execute said agreement on behalf of the Town of Westlake, Texas.
PASSED AND APPROVED ON THIS 27TH DAY OF OCTOBER 2008.
Laura Wheat, Mayor
ATTEST:
Kim Sutter TRMC, Town Secretary Tom Brymer, Town Manager
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
ONTIZA T
This A—Lpre anent xnade and entered into this the day cif'
2008, by a.nd etween the ('-ount,= o fTag=amt, acting, herein by and f h?°€nigh its =gmFcmin_,
body �' '_
, trrt, hercinat`er r f rr cf to t t tf , .t.Y. the .f,o"m of
�Ve t ake €L tIng fi, rcim by and t hrolq�!-fi 'ts L3ve in,;.. }tit ` :, . . red to ass the
TOW"N, brat oUl .j ..< ounty. State (,iffexas, -fitness :ttt
WHEREAS. inade Linder the autf on , 1 and pursnan
Io (TapWr 791 off Government Code; and
YMEMIALS, each governing od . in
paying t or the pci-Innake of governmental Mc2: ms h€.'retindler.
t.rfbrrrianc:c or those pay from current = � nue legally y ,i ,ad Bbl . t t:)art, an
`f-ERE'AS. each -_,-erni°s g body Ado that the of t k Agmenwrit is
necessary for the benefit of c puhHe and 01 ims ifs the fl g i i 3ml-odts to perform md to
provide the ove> menta
function or sm : _ 1ACh is t#�3:_ subjiiieel rat tr_ r of' NY,
V` A'AS. each governing boo,,,, to share in the e<,.,sc of the `-C ;ices
described licl ow
Clear brush. ices. and excess silt and install a irietall ctidv rrt south of the
intersection of Irceinci 1. ne Road and S_,,ibine Drive
The _ DMW hereby at-1-s- e- that the TOWN will a for mid° engineering and/or
laboratory testing riccessar� IZ)r this p ,�Je t, and that the t-`ttATY xvill not lie
reNponsiible for my payinw-it xtor such sc �AK The TDMWN rmist t cytif`%, the COI 1N VY
AIf& thirty clays of completion, of this tit a rc t of an-, complaint theTONkIN. has xvit1h the
Project,
[-or and in coo i rat tt of K mutual mudertaking here .iaft r set f l th and for
adeclin-ite considenation given, the parties agree tbIllows:
1, The COUNTY agrecs to p.r,,,-)vidL the t-�ulloxing 6or the project,
Clear Vosh. twes, an ex-cess silt in the su,,-finri water drain,,:g c f.,hannel 200
wet Soudi of the intersection of Pre6net Line Road an Sabine Drie e. histal.
a rnetal culvert to transfir storni x\awr under the road from onc side oi
Precinct Line Road to the (-,,.her Nidc. 'I I-6s is a ternporary relief project that
QU be upgaded -,viih the expansion of FNJI 1938.
2. 'rhe cc-ii F, ry t tc f to provide the Labor and equinnneni-, necessar for the
or pro-rxised on the above role t_
3, The TO%k"N iacre es tc pay "or the aunual cost of-aU n1aterials, including any
delivery or tic ig
ht cost& The `fQXk N will provide as purchase �.-)rder for each
vendor and will be billed direc tip v 17%, the inaterial shpt-h i-s, 'I"he t AINTY
niay aQcurnlulrte. and it the T0 ,&rN'fi,,)r incidental nuiu rial cost,
4. The C01-,"NYY agrccs it be responsibk--- j i. traffic control on this project,
This r sponsibility includk,- all signage, )arricades awl flagnien necessary to
control radflic in and around the site- The COi-INTY will
pr(r6de is rnporar� pavenwrit niadings ,-.h Ic li-z 3 h t )WN.
y L
�,'OtJNTY will be il-,Jle 6or o! !i. -k rrnancro
pavenlent
inarking, to rein-iburse the
,gs as specined by the TUM 1: The IVV�
COUNTY J!'OT till traffit,-,, xlnlrn:
5, The TOWN will provide the ('0UNTY with �', hvdril-i ih the
water-riecessary Jor flic pnoio�tat no cost to) the COU-N'll V
6, 'Fhe TMkIN' is responslic Ar the ad1justment of <rl nnuunholes, valv-es and
other t..t i i 1 i,i es these projccts.
T Th lt? ag
grees t1tat it' to �-orrn Water Pollution Pr v(,-ntion Plan is
required- the SH be re mdblc 1"or the desigm deveh.,-,prneut and
i x tallation�, of the Maii. TK: t ()UNTY will bk. respon.-iii?h, t'or dw
maintenance of the Plan 1'0r, ''. err olftbic pro�jvct- Tine IFOWN ftirdl r
agrees to piy far Ed! w,i �:' ihcontractor nimedal& lal or. and
equiprnent) wisociated, with Ac imllaiwnui,,ion and rnaintenance of the Plan.
By enteding So this Agreenient the parties do not create any obligations expfess
or implied other than those set I& herein and this Conuact shall im create any rights in
pardes not signiatories
Nothfii,g cor-,,,-miecl in this Agreenuent is intended by the par6es to �-,reate a
g
parinr :1-41ip 01- tit ft -VLniurc hotween to panks and any impikation to the contrary is
hereby expressly disavowed- It is understood -Ind agreed that this Agrcement does n ot
Create it-joint enwrprissc, nor doey. it appoint any pan, as an agent of any other par�y, for
any purpose whatsoever,
The panks to fl-is Agreement do not inwnd by this Agreemem that any specific
third part: to -a iz} i<ia:= a light by vtrtiie of th:'. execution or . ;`fi t .'_it. n ;_ of Lars
Agreement. TOWN agree, Ma the COUN-FY is rclying, on the !(,)WN !'-i nmuce of
when to ? occed v id i5 fv,,jcc , but t k precmen does not require the CW NIN o
Rio this projecomilhin _ , ,wicular dure i7sme,
This Agreemenl AM ternminate aimmm atically upon aprmnit"g of any of ilia
At the end o one (I) year from date he in, i.rrii ss t°enev,,N tai° both pailies in
"r-i un
ATTEST: 't'OWN
ecretary
Room
= r£ri or-ired TOWN Ol t:_m!
'FARRANT COUNTY:
Irk. GLEN WHITLE . County Judge
GARY FICKLS. County Commissioner
Precinct Three
t iv l� I
Di�,trlcl, Attorney�s Office
RV law. ti'Ie Nstrict Attorney's Office nt'--ly only advi,-,-,c or approve contra,is or legal
docum-lims Cm behalf of its clicim,-, h mi y not advise or appiove a Corrr,,i,- or legal
Joct -ncnt on beh�,,flfof other parties. OU e VV 01 ch ent was co
m r rc% -n
fi,orn is Icglall, 1p,evspeCtive Oif Our Client., Our ap)rov,.ail of this documcni
s should nf i rely on th'
1% 1 o r he benefit of our client. Other parfie�
-Ii Nview and approval by their own respective attorneiy-,,;.
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Tom Brymer, Town Manager
Subject: Regular Meeting of October 27, 2008
Date: September 22, 2008
ITEM
Consideration of a Resolution Opposing the Continued Preemption of Municipal
Regulation of Certain Intra-State Gas Utilities and Urging Legislative Action to Permit
Greater Local Oversight.
VISION POINT AND KEY RESULT AREAS
This item supports the following Town Vision Point and Key Result Areas:
Q Inviting Residential& Corporate neighborhoods
o On-going comprehensive planning
o Sensitivity to neighborhood integrity
o Outstanding community appearance
o Highest quality development and aesthetic standards
o Open space preservation
Q We are Leaders
o Environmental stewardship initiatives
BACKGROUND
The Town of Dish, TX has contacted the Town of Westlake requesting that we consider
this resolution. This resolution urges the Texas Legislature to allow greater municipal
oversight of intra-state gas utilities which transport natural gas for the benefit of
production companies. These intra-state gas utilities have greater powers, including
eminent domain (condemnation),than typical public utilities or municipalities.
FUNDING
N/A
RECOMMENDATION
Recommend adoption of this resolution so it can be submitted by the Town of Dish along
with other similar resolutions to State officials.
ATTACHMENTS:
1. Letter dated 7-20-08 from Mayor of Dish, TX explaining the Town of Dish's
position on this issue and their request regarding this resolution.
2. Resolution No. 08-59
DIS�r
T E X A S
5413 TIM DONALD ROAD • DISH, TX 76247
(940) 648-2040 • FAX (940) 648-2045
July 20, 2008
TO: TEXAS MAYORS AND LOCAL GOVERNMENT OFFICIALS
Cc% Tom, 6 R YA4E4
-,/3o to �
The Town of DISH, TX has passed a resolution asking the Texas State Legislature to allow for
greater local oversight of intra-state gas utilities. The companies that we are referring to are not
your typical public utilities that deliver a product to the consumer,but transport the natural gas
for the benefit of the production companies that they are typically affiliated with. However,
currently these companies have greater powers than your typical public utilities, or
municipalities for that matter. Further,these companies refuse to collaborate in the coordination
or utilization of other producers' pipelines in the region. Instead these companies prefer to
install their own redundant pipelines enforcing eminent domain on property owners. For those
municipalities who have=no requirement for these companies to map the pipeline route,they are
not even required to notify the municipality of the installation.
DISH,has several redundant pipelines crossing our corporate limits, which has ruined any
opportunity for fixture economic growth in these areas. When these easements are forcibly taken
through threats of eminent domain,they are permanent, and therefore,the fixture land use is
limited. Basically, it will be permanently used as limited agricultural use land only. While in
some instances the land may not be ideal for other uses, these companies take the shortest and
least expensive route,not taking into consideration the comprehensive plans set by the
municipality. Therefore, you might find one of these pipelines going through areas that are
planned commercial or residential areas, destroying future growth. Developers will then have to
work around the pipeline easements when constructing homes and businesses.
DISH has enclosed a copy of this resolution, and would urge you to also present for approval
from the local government officials. We would further ask that you return a copy of the passed
resolution complete with the municipality's seal, to DISH,by October 1, 2008. DISH will then
present them as a group, all of the passed resolutions,to the Texas State Legislature including the
Office of the Governor,Texas State Senate, and Texas State House of Representatives. If this
problem has not yet reached your municipality, I assure you that it will affect you soon if we do
not act now.
Sincerely,
Calvin D. Tillman
Mayor, Town of DISH
Encl: Resolution
21
RESOLUTION NO.
A RESOLUTION OPPOSING THE CONTINUED PREEMPTION
OF MUNICIPAL REGULATION OF CERTAIN INTRA-STATE
GAS UTILITIES; URGING LEGISLATIVE ACTION TO PERMIT
GREATER LOCAL REGULATORY OVERSIGHT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of , Texas is a Type
municipality located in County, and created in accordance with the
provisions of Chapter S of the Local Government Code and operating pursuant to the
enabling legislation of the State of Texas; and
WHEREAS, the Legislature has vested regulatory authority in the State and has
largely preempted the local regulation of so-called "midstream" intra-state natural gas
pipeline utilities ("gas utilities') on the basis that such companies are affected with a
public interest;and
WHEREAS, the preemption of local regulation constrains the ability of the
public to participate through their locally elected officials to tailor policies to meet their
needs and demands; and
WHEREAS, with the recent development of mineral reserves within the Barnett
Shale, oil and gas operators have become dependant on a comprehensive pipeline
infrastructure to deliver the produced hydrocarbons to market; and
WHEREAS, in order to ensure the maximum profitability of natural gas
production, oil and gas operators have refused to cooperate with unaffiliated third party
gas utilities or coordinate pipeline efforts with other producers in the region and instead
are each opting to form their own affiliated gas utility company; and
WHEREAS, each gas utility company serves not as a public-minded "utility"
accepting produced hydrocarbons from "competing" operators but operates exclusively
as the alter ego and servant of the utility's affiliated oil and gas operator greatly blurring
the line between gas utility and oil and gas operator; and
WHEREAS, the numerous gas utilities, frequently managed and exclusively
operated by the affiliated oil and gas operators' own employees, work aggressively to
install a network of permanent gas lines across private property creating extensive "no-
build"zones many dozen feet in width and many miles in length, with little regard for the
availability of existing unaffiliated pipelines in the vicinity; and
WHEREAS, in order to rapidly accomplish the installation of duplicative and
redundant pipeline networks, local citizens and business owners are quickly threatened
with eminent domain proceedings by the gas utilities and are intimidated into executing
one-sided permanent easements for nominal consideration; and
WHEREAS, the proliferation of duplicative and redundant pipeline networks,
installed with regard only for the shortest and most cost-effective route, causes the
unnecessary fragmentation of land and the creation of unusable slivers, chipping away at
the long term economic potential of the land; and
WHEREAS, municipalities, rendered virtually ineffective by the preemption
language of§121.202 of the Texas Utilities Code, are unable to respond to the plight of
their constituent citizens and business owners and are without the necessary authority to
safeguard the long-term economic viability of the region.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF ,
TEXAS THAT:
SECTION 1.
The City Council of the City of , Texas, respectfully requests and
urges the Legislature to revisit the prudence and continued appropriateness of preempting
municipalities from regulating the practices of midstream gas utilities and respectfully
requests that the Legislature confer additional regulatory authority upon municipalities
over the activities described herein in order to safeguard the interests of the public and
the long term economic viability of private property.
SECTION 2.
This Resolution shall be effective from its date of adoption.
PASSED AND APPROVED ON THIS DAY OF ' 2008.
ATTEST:
TOWN CLERK
EFFECTIVE:
MAYOR
TOWN OF WESTLAKE
RESOLUTION NO. 08-59
OPPOSING THE CONTINUED PREEMPTION OF MUNICIPAL REGULATION
OF CERTAIN INTRA-STATE GAS UTILITIES; URGING LEGISLATIVE
ACTION TO PERMIT GREATER LOCAL REGULATORY OVERSIGHT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,the Town of Westlake, Texas is a Type A General Law municipality
located in Tarrant and Denton Counties, and created in accordance with the provisions of
Chapter 6 of the Texas Local Government Code and operating pursuant to the enabling
legislation of the State of Texas; and
WHEREAS, the Legislature has vested regulatory authority in the State of has
largely preempted the local regulation of so-called "midstream" intra-state natural gas
pipeline utilities ("gas utilities") on the basis that such officials to tailor policies to meet
their needs and demands; and
WHEREAS,the preemption of local regulation constrains the ability of the public
to participate through their locally elected officials to tailor policies to meet their need
and demands; and
WHEREAS, with the recent development of mineral reserves within the Barnett
Shale, oil and gas operators have become dependent on a comprehensive pipeline
infrastructure to deliver the produced hydrocarbons to market; and
WHEREAS, in order to ensure the maximum profitability of natural gas
production, oil and gas operates have have refused to cooperate with unaffiliated third
party gas utilities or coordinate pipeline efforts with other producers in the region and
instead are each opting to form their own affiliated gas utility company; and
WHEREAS, each gas utility company serves not as a public-minded "utility"
accepting produced hydrocarbons from "competing" operators but operates exclusively
as the alter ego and servant of the utility's affiliated oil and gas operator greatly blurring
the line between gas utility and oil and gas operator; and
WHEREAS, the numerous gas utilities, frequently managed and exclusively
operated by the affiliated oil and gas operators' own employees, work aggressively to
install a network of permanent gas lines across private property creating extensive "no
build"zones many dozen feet in width and many miles in length,with little regard for the
availability of existing unaffiliated pipelines in the vicinity;and
WHEREAS, in order to rapidly accomplish the installation of duplicative and
redundant pipeline networks, local citizens and business owners are quickly threatened
with eminent domain proceedings by the gas utilities and are intimated into executing
one-sided permanent easements for nominal consideration; and
WHEREAS, the proliferation of duplicative and redundant pipeline networks,
installed with regard only for the shortest and most cost-effective route, causes the
unnecessary fragmentation of land the creation of unusable slivers, chipping away at the
long term economic potential of the land; and
WHEREAS, municipalities, rendered virtually ineffective by the preemption
language of§121.202 of the Texas Utilities Code, are unable to respond to the plight of
their constituent citizens and business owners are without the necessary authority to
safeguard the long-term economic viability of the region.
NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF
THE TOWN OF WESTLAKE,TEXAS:
SECTION 1: the Board of Aldermen of the Town of Westlake, Texas,
respectfully requests and urges the Legislature to revisit the prudence and continued
appropriateness of preempting municipalities from regulating the practices of midstream
gas utilities and respectfully requests that the Legislature confer additional regulatory
authority upon municipalities over the activities described herein in order to safeguard the
interests of the public and the long term economic viability of the private property.
SECTION 2: This Resolution shall become effective upon the date of its
passage.
PASSED AND APPROVED ON THIS 27 DAY OF OCTOBER 2008.
ATTEST:
Kim Sutter, TRMC, Town Secretary
APPROVED AS TO FORM:
L. Stanton Lowry,Town Attorney
Laura Wheat, Mayor
Thomas E. Brymer, Town Manager
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Kim Sutter,Town Secretary
Subject: Regular Meeting of October 27, 2008
Date: October 20,2008
ITEM
Consider a Resolution appointing Pete Ehrenberg to serve as President of Texas Student
Housing Entities on an interim basis and approving the terms of an employment
agreement.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
Rl We are Leaders
o Premier Educational Facilities and Programs
BACKGROUND
The TSH Board of Directors have approved the appointment of Mr. Pete Ehrenberg to
serve as the President of TSH on an interim basis and until such time a permanent
replacement has been appointed. The TSH Board approved the appointment on
September 16,2008, and approved an employment contract October 14, 2008.
In accordance with §3.5 of the Texas Student Housing bylaws, the Board of Aldermen is
required to consent to the appointment and the contract.
FUNDING
N/A
RECOMMENDATION
No recommendation.
ATTACHMENTS:
Resolution No. 08-60
Employment Agreement
TOWN OF WESTLAKE
RESOLUTION NO. 08-60
APPROVING THE APPOINTMENT OF A PRESIDENT TO SERVE ON AN INTERIM
BASIS FOR, AND APPROVING THE TERMS OF AN EMPLOYMENT AGREEMENT
OF THE PRESIDENT FOR THE TEXAS STUDENT HOUSING AUTHORITY, THE
TEXAS STUDENT HOUSING CORPORATION, THE TEXAS STUDENT HOUSING
CORPORATION — SAN MARCOS PROJECT, THE TEXAS STUDENT HOUSING
CORPORATION — DENTON PROJECT, THE TEXAS CHARTER SCHOOL
CORPORATION — LTTS CHARTER SCHOOLS, INC. PROJECT, THE TEXAS
CHARTER SCHOOL CORPORATION — NEW FRONTIERS CHARTER SCHOOL,
INC.PROJECT,AND RESOLVING RELATED MATTERS.
WHEREAS, the Texas Student Housing Authority, the Texas Student Housing
Corporation, the Texas Student Housing Corporation — San Marcos Project, the Texas Student
Housing Corporation — Denton Project, the Texas Student Housing Corporation — College
Station Project, the Texas Charter School Corporation—LTTS Charter Schools, Inc Project, and
the Texas Charter School Corporation—New Frontiers Charter Schools, Inc. (collectively, these
entities shall be referred to as the"Texas Student Housing Entities"),which have been created by
the Town of Westlake (the "Town") pursuant to Chapter 53 of the Education Code, the Higher
Education Authority Act, as amended (the "Act'), to act on behalf of the Town as its duly
constituted authority and instrumentality, within the meaning of the Internal Revenue CO,4e :.r
1986, as amended, for the purpose of aiding institutions of higher education, accredited r.imary
or secondary schools, or authorized charter schools, as those terms are defined in Lne Act, in
providing educational facilities and housing facilities and facilities incidental, subordinate or
related thereto or appropriate in connection therewith;
WHEREAS, on behalf of the Town, The Board of Aldermen hereby approves the
appointment of Pete Ehrenberg to serve as President of each of the Texas Student Housing
Entities on an interim basis;
WHEREAS, on behalf of the Town, the Board of Aldermen hereby approves the terms
of the Employment Contract of the President of each of the Texas Student Housing Entities in
the substantially form attached hereto as Exhibit"A".
WHEREAS, the meeting at which this resolution has been considered was open to the
public as required by law, and public notice of the time, place, and subject of the meeting has
been given in accordance with Chapter 551, Government Code;
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF ALDERMEN TO THE
TOWN OF WESTLAKE,TEXAS:
SECTION 1. the findings and declarations contained in the preamble of this Resolution
are hereby incorporated as part of this Resolution.
SECTION 2. This Board of Aldermen hereby approves the appointment of Pete
Ehrenberg as President of each of the Texas Student Housing Entities on an interim basis.
SECTION 3. This Board of Aldermen hereby approves the terms of the Employment
Agreement of the President in substantially the form attached hereto as Exhibit"A".
SECTION 4. This Resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED ON THIS 27 DAY OF OCTOBER 2008.
Laura Wheat, Mayor
ATTEST:
Kim Sutter TRMC, Town Secretary Thomas E. Brymer,Town Manager
APPROVED AS TO FORM:
L. Stanton Lowry,Town Attorney
TEXAS STUDENT 110t,11SING ENTITIES
Villatw Suitt'207
kVcAlakke Temis 7626-1
Tehcphome 91 741-0-,,W�1 Fax 8 3 Uma 1:
September 16.2008
14r.Peter Ehrenberg
152 Portxvood WaN
H.Worth,TX 76179
Re: Consulting Agreement
Dear Mr.Ehrcnber��
The 1-cxas Student Housina,Entities teollectively,the ITSHB."or individualk <a' t SHE"),includirw the TCXW�
Student Housin AutlioritE. [lie Texas Student Housin- Corporation the Texas Student liousim, Corporation - San
Marcos Prc)ect the Texas Student liousin-g- Corporation - Denton Project the Texas Student flou'.ing Corporation -
College Station Project.the Texas Charter School Corporation-1,`1"7'S Charter School.hic.Project,and the'TexasCharter
School Corporation - New Frontiers Charter School, Inc. Pro.jem are pleased to contract for the services of Peter
EhrenbQra to serve as President for each of the TeNas Student Housino Emitie,;on the terms contained in this Employment
AgrLernent(the"Agreement")-kfi%E irenberg shall be reterred to in'i ii-,AgTeenmit its the 11rctsident."
Duties of the President
With respect to each TSHE.the President shat be re-sponsiblef'or the overall
gement and operation of each of the TSHEs and for performing the duties as follows-,
(tt TSI,1E has oversNAit responsibilitic�s,including but not Bruited fo.approval
I If the 1,
of budgO.s.monitorim,the performance ofthLTSI-LE's pmpertb manager(s)(ifany),obtaining
im to a nce-and other related
matters for am,Vroiect that the TSTIE has financed and or ooms, the President. with resp,,ct to the pro.visions hat.ere
contained in the documents goveming the acquisition,financing,operations-and management of the project(collectively,
such documents shall be neferrcd to as the"Project Administraiion Documents", shall eertit�- in vvriting to the Board of
Directors at east once each c-lei idar q uartcr the fo I I ovv ing:
(i) the TSI-IF is in compliance with all material requirements applicable to
IE ih,,,,t are a:onmined in the Prt?jcct Admini-w-ation F)ocmnLn('-;-
(ii) the project is being managed by the TS HE'-.,propem•ma gen's)i 9
nk-
Compliance with the Project Administration Documents,
Peter Ehrenberg
P.ige 2
(iii) the budget for the prje,,-t Im,b Cjl timet-, suhn-liltO to the Board of
Dirzclor�',and is in compliw.cc with ft Project Admini-suation Documvilts.and
(iV) such other matters as ma. be rcqtws1cd by the Chairman and or the Bot�jd
ofl)i=ectors.
(W) If the President is unaWc to o,,rff it)the matters referred to it)
paragaph fila)(i)above.the President-,hall proviec as writwn-,tatemcnt to the Chairman stating in---csonabbe detait ille
reasons that the President cannot make such
E C; No les ffiwi 60 thr,prior to the beginning of each calendar',ear.tile Presiolcirt
a con�wdidi -,t,the -)f the
al;prepar�. ting annual birch Consolidating Budget',oftheactivilies Of each Sl ir.�,ill a form
acceptable to the Chaimian for ail TSHEs Aiowing all revcnucs and expenses for thy 'isc,j�ear for 1-om,-idmidom 1), tile
Board of Direcnozl,��of ea-h TSHE.wid no le-dian once each calend_w quarter,the President shall update.based on actual
data.the Consolidmin-Budget mid present to tile Board of Director:-,StatelneW explaining all ,,ariarces in such detail as
lheOiairnian-.,hall require
(e) With resit.-c t�)am projeci budf,et requi6ng Btxird of Directors appr--aal.ille
President shall make written recommendations to tile Board ofDirectors rkqarding the budget.,
M The President deal'!provido:to the Board o Directors and the Board of
Aldermen as monthly transaction report showing, all incolne rec&ed and eNpenses paid dut"mg,Qac.1 calcmdat aloilth 1`61-
each TSFIE and on a consolidated busi,- Upon the request of the Chairman or a majoritk of the Board of Directors of a
I-SHE tile President>hall provide and finaticial report on the.financial condition ofany TSI JE or all of tile TSH I's,to the
extent rea-sonably po,?ssible lo the Board of Directors of the TS1 IE1 and the Board of Idermen
(g) With respect to tile scholar,,.,hip pikl,-ram o=Ihe TS1 iEs.the Presidem
sha."I prepare such reports and perforn.)such duties as the Chainnan ond the Bourd of Directors of each..'r.l.-A N,-Sh<fll
direct.
ih:= hl 1S,Orf0AT'ia-4 the dutic assigned Eo tile PrQsi&ut.the Pi-c,.ident
ma eonfi:r with retained b� The TSHE'to 111,�,,oxtcm tile President he lie=c, that co.;,�iuhWort is-
opritue to,assure ihm tile duties of dl�.,President �;11 be puffimled prope,1�
J) The Pn4,J6,,-j shall 1)erform:;mh additional dutic>a-,a ,,-sp,%%Oicd from
lime io-dine in'he bylxv:�61'a"T'SHE and or specified by 1r Chairmaj,ofaTSHE-provided the Chairman and the"I'Si iE
shall not provide day-to-day supervision of-the President.
Vhk rZ,66-, Ii had t o lilt,dvfio::c4'111t,
Me,-Efirenoerg
P,110,-, I
laves ofeach
TS I iE,and agrees to pe;Form the dwics ofthe President as stated in the by for each TST I E and as stated in(his
Agreement.
Full-Time-No interfi rence
i,a) Thr[Imsident shal"",devote full-time during,business hours to theTS1 tEs,
(b) The President rnw;t not undertake an',activities that interrvre tivitll Elio Prciiderit"s-
performance trot his duties
Ac,counlabifity of President
The President shall report to the Chairman of each TSHE and shall be accountable to the Board of Directors
'End.lie Board of Aldermen of the Town.of V-Vestlake.Texas.
Compensation
As compensation forthe performance of his duties..the President shall be entitled to compensation as follows:
At the rate of$75,C)OO per annum plus an additional S 1,000 per month.onan interim basis until such
time a permanent nMplacement is appointed.which salary shall be payable twice niondily on the last day
of eachnionth and the 15th day oftach month beg-Pn ing the 1511h of September.2008,In addition the
President ackno,,v,led.-es that this payment includes as allo-,Nance in liett(if all hinge benefits,
2. At the time a permanent,replacement is appointed,i'vir-Ehrenberg shall revert ft)his duties as Finance
N-tanazer at an annual salary i.)f$75,000.
Reimbursement for ENpenses
The President-,hall be entitled to reinibursenient for anv,reasonable actual out-of-pocket expenses includimg,
travel and lodging eNpense.> incurred in connection ith tht performance of his duties under this Agreement.With respect,
Z�
to automobile expenses,the President shill be reimbursed at the same rate per mile as is authorized under current Internal
Revenue Service Regulations.
lleu r Ehretibem-
4
acation and Holid,tN
'Fhe ftsidcrit shall ac-..ii"otu', iaca!ion da:1--pe-.,month. I he President shall not be paid for ice?Lied but untahen
ni:atiot;. rhe Pre.Aimu shall be cw-Oe ,ame holida---as emplo-, of thcTown ofWes0aLethe�'l Owif"i receive.
d to the i
Conflicts of 1111cres!
;a, 'File P e,,idww,111w"I not calgage in am acti,,iues that could rm-wably be
foreseen to create an,% conflict-of-in-c rest bet�,%cen the President and an* of the TSI If's or the Tewn
(b) the TSI If,s and the President understa nd and acknowledge that the Presid ent sha I I be free to. ad vi,,-,c tile
-Tovol as lie deerns appropriate and may take any act ion a,,may be di3-,,ctcd I)v the Town.
Term
The President is employed at-,g ill b-, the TSf IF-.]'his Agreement 5hal I be of fective as of Sepiember 16.2008;
pro ided that,.this Agreement ma; lie terminated m ithout cauic at an;fimc,if ciflier the President 0-at TSHE pro%ides
wrivien notice of temlillation to the other Part% Th:s Aurcement shall terminate on the I Ml day after notice
is provided by either part%, under this Agreement,the President shall b-,entitled to com PC 11 silt ioll onlY
throu-Ii the last date ofemptc)-,ment and r,eimbur,:ement for and outstanding e.Npenses,
Binding
,um Each of the Tcvus Student Housing,Entities
The Board of Dhemors oFca,:h ul'thcTSOJEs has autbcmzed 01,,-Chairman to enw: in-o and be bound b., ihi,
Agrceinenf.widc rash of ihe TSHEs aare jointl'r tnd ac rally liable undt-x this Agrc,,,ment.
Peter El September 16, 2008
pa,:,c 5
Best Regards.
James P.Carter
Chairman. Texas Student Housing Authority
Texas Student Housing Corporation-San Marcos Pr(dcct
Texas Student "OUsing Corporation-Dentor, Prqject
C,
Acceptedand Aareed BY:
Peter Elirenbue
Sep-,ember 16,2008
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 October 27, 2008
Date: October 16, 2008
ITEM
Consider a Resolution authorizing the rental of civic campus facilities and approving the
Westlake Academy/Civic Campus Facility Use Guidelines and Policies.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
10 We are Leaders
o Business partnerships with Westlake Academy
10 Hospitality Finds its Home in Westlake
o Citizen engagement and communication
BACKGROUND
Over the past three years, Town staff has received four to five requests per year from a
variety of groups to rent the basketball gym, classrooms, the soccer field and/or the
performance hall.
The Town has made the gym available in the past to a group of Westlake residents who
play basketball on Sunday evenings with no rental fees. Due to the increase in usage
from the Academy sports teams and other school groups, along with the lack of staff
necessary to be on site, both Town staff and the Board did not believe we should pursue
the rental of the civic campus buildings.
At the September 8, 2008, workshop, staff presented the policies of facilities usage to the
Board to discuss renting out the civic campus and fees to Westlake residents. The Board
agreed that the dining and performance hall could be rented out on Sunday only and to
Westlake residents. The fees must cover all costs of using the facilities,which would include
but is not limited to power usage,cleaning,damage and staffing.
The Head of School has reviewed and agrees with the facilities rental policies and would like
to be notified when the facilities is rented.
FUNDING
The rental fees would cover all costs to have town/contract staff present and electrical use
for the building.
RECOMMENDATION
Approve the resolution authorizing the rental of civic campus facilities and approving the
Westlake Academy/Civic Campus Facility Guidelines and Use Policies.
ATTACHMENTS:
Resolution No. 08—61
Facilities Policy
I 1 WR 1 WWWWRI
WW
RESOLUTION NO. 08-61
AUTHORIZING THE RENTAL OF THE CIVIC CAMPUS FACILITIES AND
APPROVING THE WESTLAKE ACADEMY / CIVIC CAMPUS FACILITY USE
GUIDELINES AND POLICES.
WHEREAS,there is a need in the community for meeting/function space; and
WHEREAS, Westlake Academy, a Town owned and operated facility, has been
identified as a community asset, which includes a dining hall and a performance hall that can be
utilized by Westlake residents on a limited basis.
WHEREAS,Town staff and the Westlake Academy Head of School have identified uses
and availability of the facilities and have identified Sunday as an available day of the week for
rental; and
WHEREAS, Westlake desires to engage its citizens; and
WHEREAS, the Board of Aldermen finds that renting the facilities benefits the public
and is in the best interest of the citizens of Westlake, and
WHEREAS, rental fees will be collected and will offsest all operational and repair cost
associated with the use of the facility.
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
TOWN OF WESTLAKE,TEXAS:
SECTION 1. All matters stated in the Resolution above are found to be true and correct
and are incorporated herein by reference as copied in their entirety.
SECTION 2. The Board of Aldermen of the Town of Westlake hereby approves the
rental of civic campus facilities and approves the Westlake Academy/Civic Campus Facilities
Use Guidelines and Policies (Exhibit"A").
PASSED AND APPROVED ON THIS 27 DAY OF OCTOBER 2008.
ATTEST:
Laura Wheat, Mayor
Kim Sutter,TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
Westlake Academy/Civic Campus
Facility Use Guidelines and Policies
Facility Availability
1. The Performance Hall and Cafeteria area of the
Westlake Academy/Civic Campus is available for use on Sunday's between the
hours of 8:00 a.m. and 8:00 p.m.
2. Availability is determined upon submission of an application and deposit, which
may be obtained and remitted to the Town Hall offices at 3 Village Circle, Suite
202,Westlake,TX 76262
Application Process:
1. The application must be filled out at least 14 days prior to the requested
reservation date. Application forms are available in the lobby of Town Hall or
online at www.westlake-tx.org.
2. No verbal or tentative agreements will be accepted.
3. The applicant must be a resident of the Town of Westlake and is responsible for
the adherence to the guidelines and policies of the Town for all individuals
during the use of the facility.
4. The Facilities and Recreation Department reserves the right to terminate a
reservation during the activity if the conditions so warrant (i.e., severe weather,
etc.)
De osit
1. To be assessed according to the request and duration of reservation:
a. $500-one day rental of Cafeteria area
b. $1000-one day rental of Cafeteria and Performance Hall
c. $2000-extended commitment rental for Cafeteria and Performance Hall
2. The deposit is refundable under the following conditions:
a. Provided that no damage has occurred to the facility or fixtures (reviewed
by the applicant and Town representative at the conclusion of the use
period).
b. Renter must have followed all facility use guidelines and policies and
Town ordinances during the event.
3. The deposit will be returned within 14 days from the rental date and will be
mailed to the applicant.
Reservation Time &Fees
1. Facilities may be reserved for a minimum of three (3) hours and a maximum of
six (6)hours.
2. The reservation period will include the time necessary to set up and clean the
facility-no additional time will be allocated for these activities.
3. Fees to be assessed according to the request and duration of reservation:
a. $350-Three hour rental of Cafeteria area
b. $475-Three rental of Cafeteria and Performance Hall
c. $100-Each additional hour rental of Cafeteria area
d. $150-Each additional hour rental of Cafeteria and Performance Hall
Reservation Requirements,Availability and Limitations
1. Individuals and organizations utilizing the facility are required to follow all
applicable Town ordinances, state laws and reservation policies. Failure to
comply may result in the denial of future facility access and/or forfeiture of the
facility deposit.
2. The Town does not provide eating utensils,tablecloths, office supplies, electronic
equipment or any other type of products during the reservation period. The
individual or organization reserving the facility must provide these types of
items.
3. The room occupancy rate will be posted and explained to the applicant during
the rental process. In accordance with fire codes, the occupancy rate may not
exceed the maximum allowable number of individuals at any time during the
rental period.
Facility Access
1. The rental agreement will include provisions for a Town of Westlake
representative to be present during the use of the facility. The representative will
provide building access and work with the applicant to ensure the facility is
secured at the conclusion of the rental.
2. In the event of an unforeseeable emergency, and the representative is detained or
not available,the applicant may contact Troy Meyer, Director of Facilities at(817)
829-6974 to gain access to the building.
3. Please do not attempt to force open the doors or break a window to enter the
facilities.
Cancellation
1. In order to receive a full refund of all fees and deposits the reservation must be
cancelled at least 14 days prior to the reservation date. If after 14 day period, the
Department reserves the right to assess an $100 administrative fee to cover
staffing costs.
2. No refunds of the rental fees will be given for notices within two (2) days of the
reservation date or for a cancellation notice after the rental date.
Damages
1. Individuals and organizations reserving the facility are responsible for the costs
associated with repairing the building or replacing items that are damaged
during the rental period.
2. Failure to remit the required repair/replacement fees for the damages will result
in the loss of future reservation privileges and any deposit.
Chaperones
1. The resident who submits the reservation application must remain on premises
at all times during the use of the facility. Failure to remain on site may result in
the loss of future reservation privileges and the deposit.
2. Reservations for a youth event require a minimum of two (2) adult chaperones
for 1 - 30 youth participants. One adult chaperone must be provided for each
additional 15 participants. Youths are defined as anyone under 21 years of age.
3. The Town reserves the right to require the presence of a police officer during
these types of events. The personnel cost for the off-duty assignment will be the
responsibility of the applicant.
Cleaning
1. The resident and/or organization is responsible for cleaning the facility at the
conclusion of the rental. The reservation must include the necessary time for
these activities.
2. The Town representative will provide
access to the cleaning supplies and equipment for
the resident or organization.
3. All furniture must be returned to the
original configuration prior to vacating the
, .Sir► premises.
- 4. All trash must be bagged and removed
from the facility - outside trash receptacles
(dumpster storage containers) are provided
outside the Cafeteria area.
5. A checklist will be provided to the applicant and reviewed with the Town
representative to ensure all the necessary tasks have been completed to clean and
prepare the facility for further use.
Food/Drink
1. Refreshments are allowed in the Cafeteria area of the facility. Food and drink are
not allowed in the Performance Hall.
2. Tables will be provided (upon prior request) for those individuals who are
hosting a catered event.
Decorations
1. Decorations may be used that do not cause damage to the walls, ceilings or any
other part of the room, furniture or fixtures and must be removed at the end of
the reservation period.
2. Items such as nails,thumbtacks and permanent tape may not be used.
3. Painters masking tape is the only approved method for decorating purposes and
must be fully removed from the facility upon completion of the reservation.
4. All lights and facility doors must be secured at the conclusion of the reservation.
5. Plans for special activities including, but not limited to: bounce houses, dunking
booths, amplified sound systems, etc. must be reviewed and approved by the
Facilities Director prior to their use.
Tobacco and Alcohol Use and Pet Policy
1. No smoking,use of tobacco products or alcoholic beverages are allowed on any
Town owned property. This includes the Westlake Civic Campus/Westlake
Academy facilities.
2. No pets are to be in the facility during the rental period. The only exception
would be service animals necessary to assist individuals with a disability.
Insurance Requirements
1. Proof of insurance is required for all organized programs of athletic competition,
including but not limited to basketball, soccer, softball and little league groups.
2. Insurance is not needed for individuals or groups of residents who use the
athletic fields for a one-time-use basis.
Liabili : The user agrees to hold harmless the Town and its
employees/representatives from and against any claims for damages to persons or
property arising out of any use of the facility and its premises by the user. Users are
responsible for their guests adherence to the policies herein described.
PLEASE NOTE: The above information concerns general reservation policies and
covers most reservation requirements. For specific concerns or those questions not
answered above, it is the responsibility of the applicant to contact the Director of
Facilities to ensure compliance with all policies.
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Eddie Edwards, Director of Planning and Development
Subject: October 27, 2008, Regular Meeting
Date: October 13, 2008
ITEM
Consider an Ordinance adopting the 2006 Editions of the International Residential Code (IRC),
International Building Code (IBC), International Energy Conservation Code (IECC),
International Fuel Gas Code (IFGC), the International Mechanical Code (IMC), the International
Plumbing Code (IPC), and the 2008 Edition of the National Electrical Code (NEC) and
amendments for each code.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
Q Inviting Residential&Corporate Neighborhoods
o On-going comprehensive planning
o Highest quality development and aesthetic standards
El We are Leaders
o High quality services delivery coupled with financial stewardship
o Infrastructure maintenance and planning
BACKGROUND
The Town of Westlake is currently under the 2003 International Residential Code as amended.
Every three years, the International Code Congress addresses code issues and proposes updates.
Part of the update process involves input from various organizations—both public and private—
as well as comments from experts in their respected fields and from the public. Once the code is
updated and published, local governments review, amend, and adopt the code. In the North
Texas Region this is taken a step further by the North Central Texas Council of Governments
(NCTCOG) which coordinates committees of local officials and industry professionals who
review the code and recommend regional amendments. As in the past, the Town has monitored
and been involved in this process.
The amendments being proposed with this code are a combination of recommendations of the
NCTCOG committees and Westlake specific amendments to address concerns related to our
unique development opportunities and concerns. Adoption of the 2006 International Codes and
the 2008 National Electrical Code will benefit the Town in several ways. The Building Code
Effectiveness Grading Schedule, issued by the Insurance Services Office as an insurance
underwriting tool, is greatly impacted by the timely adoption of the latest editions of the codes,
and Westlake currently has a Grading Classification of 4 for residential and 3 for commercial,
the highest of any municipality its size and equal to or better than any of our neighboring cities.
From a practical standpoint, the adoption of codes and amendments that are similar to those
adopted by neighboring cities helps contractors by allowing consistency in the design,
estimation, and installation phases of development, and allows training for continuing education
to be focused on the same editions of the codes.
Staff will give a brief comparative analysis of key provisions being amended along with the
rational for the recommended amendment at the Board of Aldermen meeting.
FUNDING
There is no funding impact by this action.
RECOMMENDATION
Staff recommends approval.
ATTACHMENTS
Ordinance No. 602
Adoption of
2006 International
woo,
Amendments
October 27, 2008
a
• Entry Bares and entry monuments
with low wall extensions may be
built in the front yard area only on
Homesircs that front directly
on the two Collector Roads 'A'
and 'C'. Entry walls and
monuments must utilize approved
Vaquero stone, stucco and/or
metal for materials and shall
augment the architectural style of
the Residence.
Approved I" X I- Top nul
prr-hammered solid I-X 2"
iron picker at i"o.c. 6"
4..
+.-3.. top.
3-X 3"sq.
post at S'
spacing
typical
3.. t11'.clear
Low stone wall Butwm nil
TYPE A.Hamesite Stone Wall with Picket(6'-0"Typinl)"
MIM
SITE Car LANDSCAPE GUIDELINES
• Entry walls must be set back a
minimum of 2 feet behind the
dedicated utility easement and/or a
minimum of 2 feet behind the bike
path. Enm• Oates shall be set back
from the paved edge of the
roadway a minimum of 20 feet.
Boulders may be
incorporated at
base ;optional;
12"Ilp
t t�•icil ^,;•,
TYPE A A1.TERNATrvE:Homesite Stone Will with Short Picket(6'-0"Typical)*
V-y, E
--DESIGN Vt:101_INFS
DOctober 2002 • P.tge 4-21
Fig u rr 4.16
6Vall/Frnct Altrrnativis
lire-stack stone column with stacked
stone cap 20"sa.and 2-I"sal. to be
usrd at lence transitions and at
property boundan•corners.
6.- 10"
t}p.
*No 1L. I light may adjust with slope
eondiiions.Adjustments in height
sh.dl step utilizing a 3"X 3"post
with a cap. Post height to exceed
panel height by•i".Steps to be 6-
minimum, 12"maximum.Wall
height to avenge 6'-0",with
minimum height of i'-S'to comply
with local pool salute enclosure
ordinances.
Same column
see wall Type A
*No ll. Height may adjust with slope
conditions.Adjustments in height
shall step utilizing a 3"X 3"post
with a cap.Post height to exceed
panel height bt•4".Steps to be 6"
minimum, 12"m.uimum.Wall height
(L)average 6'-0",with minimum
height of-S'-5"to comply with loc.d
pool safety enclosure ordinances.
( 0/�9 7/? 0 0 a-
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 October 27, 2008
Date: October 13, 2008
ITEM
Consider an Ordinance adopting the 2006 International Fire Code and Amendments.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
Q Inviting Residential & Corporate Neighborhoods
• On -going comprehensive planning
• Highest quality development and aesthetic standards
Q We are Leaders
• High quality services delivery coupled with financial stewardship
• Infrastructure maintenance and planning
Ii - ���J:Zl�Z1111►11�
The Town of Westlake is currently under the 2003 International Fire Code as amended. Every
three years, the International Code Congress addresses code issues and proposes updates. Part of
the update process involves input from various organizations - both public and private - as well
as comments from experts in their respected fields and the public. Once the code is updated and
published, local governments review, amend, and adopt the code. In the North Texas Region,
this is taken a step further by the North Central Texas Council of Governments ( NCTCOG)
having committees of local officials review the code and recommend regional amendments. As
in the past, the Town has monitored and been involved in this process.
The amendments being proposed with this code are a combination of recommendations of the
NCTCOG committees and local practices employed by the Town. Adoption of the 2006
International Fire Code will reflect those regional and local practices.
One key recommendation is the requirement that all residential occupancies be required to have a
fire sprinkler system installed regardless of the size of the structure. Currently, fire sprinkler
systems are required in all occupancies regardless of the size of the structure with the exception
of residential occupancies 6,000 square feet. This exception is a locally established arbitrary
number which selectively limits safety from fire for the occupants as well as the Firefighters
responding to such emergencies. This exception is typically a moot point due to the size of the
homes built in the Town averaging 9,125 square feet over the last 12 months.
Why install a residential fire sprinkler system? The reasons are they save lives and reduce the
amount of loss associated with a fire. In places where automatic sprinkler systems have been
required for many years, research has been conducted to evaluate their effectiveness. In
Scottsdale, AZ., where systems have now been required for 15 years, the average fire loss for
homes with sprinklers was $2,166, compared to $45,019 in homes without sprinklers.
Additionally, the Scottsdale Fire Department states 13 lives were saved by sprinkler systems and
an estimated $20 million in property damage was prevented. It should also be noted, contrary to
the views of sprinkler systems seen on television and in films, automatic sprinkler systems do not
all activate at the same time if one is activated by heat. Typically, only one to two sprinkler
heads activate and control or extinguish the fire. The cost of installing systems in these homes
typically runs between $1.25 to $1.55 per square foot or slightly less than 1% of the cost of the
home on an average.
The installation of fire sprinkler systems in Group R occupancies is required under the 2003 IFC
but is a requirement in the 2003 International Residence Code without the adoption of the
appendix pertaining to one and two family dwellings and townhouses. The 2006 version of each
follows this pattern.
1 "1110800
There is no funding impact by this action.
RECOMMENDATION
Staff recommends approval
ATTACHMENTS
Ordinance No. 603
Amendments to the 2006 IFC
CODES - PRESENTATION OVERVIEW
COMMUNITY VALUES
• INNOVATION
• AESTHETIC APPEAL & HIGH DEVELOPMENT
STANDARDS
VISION POINT: INVITING RESIDENTIAL AND CORPORATE
NEIGHBORHOODS
✓ ON -GOING COMPREHENSIVE PLANNING
✓ HIGHEST QUALITY DEVELOPMENT & AESTHETIC
STANDARDS
VISION POINT: WE ARE LEADERS
✓ INFRASTRUCTURE MAINTENANCE & PLANNING
CHARACTERISTICS OF INTERNATIONAL
CODES
✓ CODES ARE COMPREHENSIVE
✓ CODES ARE COORDINATED &COMPATIBLE
✓ CODES ARE DEVELOPED ACCORDING TO THE
SAME PROCESS IN THE SAME FORM
✓ CODES REFERENCE NATIONAL STANDARDS
INTERNATIONAL CODE ADOPTIONS
INTERNATIONAL BUILDING CODE (IBC) - ADOPTED AT STATE OR LOCAL LEVEL IN
50 STATES PLUS WASHINGTON, D.C.
INTERNATIONAL RESIDENTIAL CODE (IRC) - ADOPTED AT STATE OR LOCAL LEVEL
IN 48 STATES PLUS WASHINGTON DC, U.S. VIRGIN ISLANDS
INTERNATIONAL FIRE CODE (IFC) - ADOPTED AT STATE OR LOCAL LEVEL IN
42 STATES PLUS WASHINGTON, D.C.
INTERNATIONAL PLUMBING CODE (IPC) - ADOPTED AT STATE OR LOCAL LEVEL IN
37 STATES PLUS WASHINGTON DC, PUERTO RICO
INTERNATIONAL MECHANICAL CODE (IMC) - ADOPTED AT STATE OR LOCAL
LEVEL IN 47 STATES PLUS WASHINGTON, D.C.
INTERNATIONAL FUEL GAS CODE (IFGC) - ADOPTED AT STATE OR LOCAL LEVEL
IN 46 STATES PLUS WASHINGTON, D.C.
THE STAKEHOLDERS
✓ CODE OFFICIALS
✓ DESIGN PROFESSIONALS CONSULTANTS
✓ TRADE ASSOCIATIONS
✓ BUILDERS CONTRACTORS
✓ MANUFACTURERS SUPPLIERS
✓ GOVERNMENT AGENCIES
✓ ANYONE WITH A VESTED INTEREST
BASIS OF AMENDMENTS
CODE AMENDMENTS PATTERNED AFTER NORTH CENTRAL
TEXAS COUNCIL OF GOVERNMENT'S (NCTCOG)
RECOMMENDATIONS
✓ REGIONALLY DESIGNED TO MEET THE NEEDS OF THE DEVELOPERS,
PLANNERS, AND BUILDERS
✓ REGIONALLY RECOGNIZED PRACTICES OF THE COMMUNITIES
TAILORED TO MEET ESTABLISHED TOWN OF WESTLAKE
STANDARDS
✓ LOCAL FIRE SPRINKLER & ALARM SYSTEMS
✓ LOCAL STANDARDS FOR HIGH -RISE BUILDINGS
✓ LOCAL STANDARDS FOR FIRE LANE DESIGNATION
HISTORY OF WESTLAKE SPRINKLER
REQUIREMENTS
• 1997 UNIFORM FIRE CODE - RESIDENCE 6,000 SQUARE
FEET OR MORE UNDER ROOF PROTECTED
• 2000 INTERNATIONAL FIRE CODE - RESIDENCE 6,000
SQUARE FEET OR MORE UNDER ROOF PROTECTED PLUS
GARAGES PROTECTED.
• 2003 INTERNATIONAL FIRE CODE - RESIDENCE 6,000
SQUARE FEET OR MORE UNDER ROOF PLUS GARAGES &
ATTACHED OUTDOOR LIVING AREAS PROTECTED.
• 2006 INTERNATIONAL FIRE CODE (PROPOSED) -FULL
COVERAGE.
FIRE SPRINKLER SYSTEMS
RECOMMENDATION
TOWN OF WESTLAKE RECOMMENDATIONS (2006 IFC)
** SECTION 903.2.7.1 ONE AND TWO - FAMILY
DWELLINGS AND TOWNHOUSES.
AN AUTOMATIC SPRINKLER SYSTEM SHALL BE
INSTALLED FOR ONE AND TWO - FAMILY DWELLINGS
AND TOWNHOUSES IN ACCORDANCE WITH SECTION
903.3.1.3.
IMPACT OF RECOMMENDATION
V/ SAFETY - HIGHEST RISK & HIGHEST LOSS OCCUPANCIES.
PROPERTY CONSERVATION - REDUCTION IN DAMAGES
COMPARED TO TRADITIONAL FIRE FIGHTING METHODS.
COST - INSTALLATION IS ESTIMATED AT $1.25 - $1.50 PER
SQUARE FOOT - TYPICALLY LESS THAN 1 % OF BUILDING COST.
ELIMINATES SQUARE FOOT EXCEPTION FOR NEW
CONSTRUCTION - ALL RESIDENTS ARE EQUALLY
PROTECTED.
� LIMITED IMPACT ON TOWN - VAST MAJORITY ARE
CURRENTLY PROTECTED.
TOWN POLICY -AREA OF COVERAGE
✓ ALL AREAS UNDER ROOF - COVERAGE WILL BE REQUIRED.
✓ PATIO AND/OR OUTSIDE LIVING AREAS - PROTECTION DESIGNED
TO LIMIT OR CONTROL EXTENSION OF FIRE INTO THE LIVING
AREAS.
✓ GARAGES:
• LIVING AREA ABOVE GARAGE - COMPLETE PROTECTION
• NO LIVING AREA ABOVE GARAGE - PROTECTION DESIGNED TO
LIMIT OR CONTROL EXTENSION OF FIRE INTO THE LIVING
AREAS.
Town Policy - Existing Structures
✓ CONSTRUCTED PRIOR TO JANUARY 1, 1999 - ADDITION UP TO
1,000 SQUARE FEET - SYSTEM NOT REQUIRED
✓ CONSTRUCTED AFTER JANUARY 1, 1999 - ADDITION UP TO
1,000 SQUARE FEET SYSTEM IS REQUIRED IF:
• TOTAL SQUARE FEET DOES EXCEEDS 6,000 SQUARE FEET, AND / OR;
• EXISTING STRUCTURE CURRENTLY HAS FIRE SPRINKLER SYSTEM - SYSTEM
MUST BE EXTENDED INTO OR ADDED TO THE ADDITION.
✓ ONE & TWO FAMILY RESIDENTIAL OCCUPANCIES - RE -MODEL -
VALUE IS LESS THAN 25 % OF THE MARKET VALUE AS
ESTABLISHED BY THE COUNTY TAXING AUTHORITY - SYSTEM
NOT REQUIRED.
✓ ALL STRUCTURES WITH A FIRE SPRINKLER SYSTEM INSTALLED
SHALL BE PROTECTED BY A FIRE SPRINKLER SYSTEM AT THE TIME
OF THE ADDITION OR RE-MODELING.
TOWN OF WESTLAKE
ORDINANCE NO. 603
AN ORDINANCE OF THE TOWN BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS, AMENDING THE TOWN OF WESTLAKE CODE OF
ORDINANCES CHAPTER 38 BY ADOPTING THE 2006 INTERNATIONAL
FIRE CODE AND AMENDMENTS TO SAID CODE; PROVIDING A PENALTY
CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town acting under
its charter adopted by the electorate pursuant to the Texas Constitution, and the Local
Government Code; and
WHEREAS, the Town Board of Aldermen of the Town of Westlake, Texas,
deems it necessary to adopt the said editions of the International Fire Code to provide for
the safety of the citizens of Westlake; and
WHEREAS, upon the recommendation of the Westlake Department of Public
Safety, the Town Board of Aldermen of the Town of Westlake, Texas, is of the opinion
that it is in the best interests of the town and its citizens that the amendments (Exhibit
"A ") to the International Fire Code should be approved and adopted; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF
THE TOWN OF WESTLAKE, TEXAS:
SECTION 1: That, the above findings are hereby found to be true and correct
and are incorporated herein in their entirety.
SECTION 2: That the following section of Chapter 38 of the Code of Ordinances,
is hereby amended, to read as follows:
Chapter 38 FIRE PREVENTION AND PROTECTION
ARTICLE II. FIRE PREVENTION
Sec. 38 -31. Adoption of Fire Code.
The town hereby adopts the 2003 Edition of the International Fire Code, including the
amendments as attached to this ordinance. True and correct copies of such amendments,
attached as Exhibit A, are to be kept on file and available in the office of the town
secretary.
SECTION 3: PENALTY. Any person, firm, or corporation who violates,
disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any
of the provisions of this ordinance shall be fined not more than Two Thousand Dollars
($2,000.00) for all violations involving zoning, fire safety or public health and sanitation,
including dumping or refuse, and shall be fined not more than five hundred dollars ($500)
for all other violations of this ordinance. Each day that a violation is permitted to exist
shall constitute a separate offense.
SECTION 4: CUMULATIVE CLAUSE. This ordinance shall be cumulative
of all provisions of ordinances of the Town of Westlake, Texas, except where provisions
of this ordinance are in direct conflict with the provisions of another ordinance, in which
event the conflicting provisions of the other ordinance are hereby repealed.
SECTION 5: SEVERABILITY CLAUSE. It is hereby declared to be the
intention of the Town Board of Aldermen that the phrases, clauses, sentences,
paragraphs, and sections are severable, and if any phrase, clause, sentence, paragraph, or
section of this ordinance shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality shall not affect any
of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance,
since they would have been enacted by the Town Board of Aldermen without the
incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 6: SAVINGS CLAUSE. All rights and remedies of the Town of
Westlake are expressly saved as to any and all violations of the provisions of the Code of
Ordinances, Town of Westlake, Texas, as amended, or any other ordinances affecting
such code which have accrued at the time of the effective date of this ordinance; and, as
to such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances, same shall not be affected by this
ordinance but may be prosecuted until final disposition by the courts.
SECTION 7: PUBLICATION. The Town Secretary of the Town of Westlake
is hereby directed to publish in the official newspaper of the Town of Westlake, the
caption, penalty clause, publication clause and the effective date of this ordinance.
SECTION 8: EFFECTIVE DATE. This ordinance shall be in full force and effect
from and after its passage and publication as required by law.
PASSED AND APPROVED this 27th day of OCTOBER 2008.
Laura Wheat, Mayor
ATTEST:
Kim Sutter, TRMC, Town Secretary Thomas Brymer, Town Manager
APPROVED AS TO LEGAL FORM:
L. Stanton Lowry, Town Attorney
Recommended Amendments to the
2006 International Fire Code
The following sections, paragraphs, and sentences of the 2006 International Fire Code are hereby
amended as follows:
Note: Fire sprinkler code provisions for single- family dwellings and duplexes may be found in the
International Residential Code.
* *Section 102.1; add #5:
102.1 Construction and design provisions.
5. The provisions of this code apply to buildings built under the IRC and IBC.
(Reason: To clarify that the fire safety provisions of the fire code do apply to all construction.)
**Section 102.4; change to read as follows:
102.4 Application of other codes. The design and construction of new structures shall comply with this
code, and other codes as applicable, and any alterations, additions, changes in use or changes in
structures required by this code, which are within the scope of the International Building Code, shall be
made in accordance therewith.
(Reason: Clarification of requirements and that the IFC also applies to new residential construction.)
* *Section 102.6; change to read as fol lows:
102.6 Referenced codes and standards. The codes and standards referenced in this code shall be
those that are listed in Chapter 45 and such codes, when specifically adopted, and standards shall be
considered part of the requirements of this code to the prescribed extent of each such reference. Where
differences occur between the provisions of this code and the referenced standards, the provisions of this
code shall apply. Whenever amendments have been adopted to the referenced codes and standards,
each reference to said code and standard shall be considered to reference the amendments as well. Any
reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted.
(Reason. To be consistent with the State of Texas, other referenced codes must be specifically adopted.)
* *Section 106.2; add Sections 106.2.1 and 106.2.2 as follows:
106.2.1 Inspection requests. It shall be the duty of the permit holder or their duly authorized agent to
notify the fire code official when work is ready for inspection. It shall be the duty of the permit holder to
provide access to and means for inspections of such work that are required by this code.
106.2.2 Approval required. Work shall not be done beyond the point indicated in each successive
inspection without first obtaining the approval of the fire code official. The fire code official, upon
notification, shall make the requested inspections and shall either indicate the portion of the construction
that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to
comply with this code. Any portions that do not comply shall be corrected and such portion shall not be
covered or concealed until authorized by the fire code official.
(Reason: Clarifies that it is the permit holder's responsibility to notify the fire code official when the
installation is ready for appropriate inspection and before covering up any work.)
* *Section 202; amend definition of Fire Watch as follows:
2006 IFC Amendments
FIRE WATCH. A temporary measure intended to ensure continuous and systematic surveillance of a
building or portion thereof by one or more qualified individuals or standby personnel when required by the
fire code official, for the purposes of identifying and controlling fire hazards, detecting early signs of
unwanted fire, raising an alarm of fire and notifying the fire department.
(Reason. Clearly defines options to the fire department for providing a fire watch.)
* *Section 202; add a new definition to read as follows:
High -rise buildings. Buildings having floors used for human occupancy located more than 55
feet (16,674 mm) or more than three stories above the lowest level of fire department vehicle
access.
(Reason: To provide a definition that does not exist in the code and to comply with local
standards.)
* *Section 202; add definitions as follows:
ADDRESSABLE FIRE DETECTION SYSTEM. Any system capable of providing identification of each
individual alarm- initiating device. The identification shall be in plain English and as descriptive as possible
to specifically identify the location of the device in alarm. The system shall have the capability of alarm
verification.
ANALOG INTELLIGENT ADDRESSABLE FIRE DETECTION SYSTEM. Any system capable of
calculating a change in value by directly measurable quantities (voltage, resistance, etc.) at the sensing
point. The physical analog may be conducted at the sensing point or at the main control panel. The
system shall be capable of compensating for long -term changes in sensor response while maintaining a
constant sensitivity. The compensation shall have a preset point at which a detector maintenance signal
shall be transmitted to the control panel. The sensor shall remain capable of detecting and transmitting an
alarm while in maintenance alert.
SELF - SERVICE STORAGE FACILITY. Real property designed and used for the purpose of renting or
leasing individual storage spaces to customers for the purpose of storing and removing personal property
on a self - service basis.
STANDBY PERSONNEL. Qualified fire service personnel, approved by the Fire Chief. When utilized, the
number required shall be as directed by the Fire Chief. Charges for utilization shall be as normally
calculated by the jurisdiction.
(Reason: To provide definitions that do not exist in the code.)
* *Section 307.2; change to read as follows:
307.2 Permit required. A permit shall be obtained from the fire code official in accordance with Section
105.6 prior to kindling a fire for recognized silvicultural or range or wildlife management practices,
prevention or control of disease or pests, or open burning. Application for such approval shall only be
presented by and permits issued to the owner of the land upon which the fire is to be kindled.
Examples of state or local law, or regulations referenced elsewhere in this section may include but not be
limited to the following:
1. Texas Commission on Environmental Quality guidelines and /or restrictions.
2. State, County or Local temporary or permanent bans on open burning.
3. Local written policies as established by the Code Official.
* *Section 307.4; change to read as follows_
2006 IFC Amendments
307.4 Location. The location for open burning shall not be less than 300 feet (91 440 mm) from any
structure, and provisions shall be made to prevent the fire from spreading to within 300 feet (91 440 mm)
of any structure.
(exceptions unchanged)
* *Add Section 307.4.3 to read as follows:
307.4.3 Trench Burns. Trench burns shall be conducted in air curtain trenches and in accordance with
Section 307.2.
* *Section 307.5; change to read as follows:
307.5 Attendance. Open burning, trench burns, bonfires or recreational fires shall be constantly
attended until the ... {remainder of section unchanged).
(Reason: Amendments to 307.2, 307.4, 307.4.3 and 307.5 better explain current requirements and
recognize that jurisdictions have local established policies that best fit their environments.)
* *Section 308.3.1; change to read as follows:
308.3.1 Open -flame cooking and heating devices. Open -flame cooking devices, charcoal grills,
outdoor fireplaces and other similar devices used for cooking, heating or any other purpose shall not be
located or used on combustible balconies, decks, or within 10 feet (3048 mm) of combustible
construction.
Exceptions:
1. One- and two- family dwellings.
2. Where buildings, balconies and decks are protected by an approved automatic
sprinkler system.
(Reason: Decrease fire risk in multi - family dwellings and minimizes ignition sources.)
* *Section 308.3.1.1; Amended to add the following exceptions:
Exceptions:
1. One- and two- family dwellings may have containers with a water capacity not greater than 20
pounds (9.08 kg) [nominal 8 pound (3.632 kg) LP -gas capacity] with an aggregate capacity not to
exceed 100 Ibs (5 containers).
2. Other residential occupancies where buildings, balconies and decks are protected by an
approved automatic sprinkler system, may have containers with a water capacity not greater than
20 pounds (9.08 kg) [nominal 8 pound (3.632 kg) LP -gas capacity], with an aggregate capacity
not to exceed 40 Ibs (2 containers).
(Reason: To clarify allowable limits for 1 & 2 family dwellings, and allow an expansion for sprinklered
multi - family uses. Clarification and defines container size residences are allowed.)
* *Section 401.3; add Section 401.3.4 as follows:
401.3.4 Fire Alarms and Nuisance Alarms. False alarms and nuisance alarms shall not be given,
signaled or transmitted or caused or permitted to be given, signaled or transmitted in any manner.
(Reason: Places the responsibility of the business or property owner to maintain their fire alarm systems
in approved condition. Allows the enforcement of `prohibition of false alarms ". Replaces language lost
from the 1997 Code)
* *Section 503.1.1; add the following sentence to the first paragraph:
2006 IFC Amendments
Except for single- or two- family residences, the path of measurement shall be along a minimum of a ten
feet (10') wide unobstructed pathway around the external walls of the structure.
(Reason: Recognizes that the hose lay provision can only be measured along a pathway that is wide
enough for fire fighter access.)
* *Section 503.2.1; change to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24
feet (7315mm), except for approved security gates in accordance with Section 503.6, and an
unobstructed vertical clearance of not less than 14 feet (4267 mm).
* *Section 503.2.2; change to read as follows:
503.2.2 Authority. The fire code official shall have the authority to require an increase in the minimum
access widths and vertical clearances where they are inadequate for fire or rescue operations.
(Reason: Amendments to 503.2.1 and 503.2.2 recognize that the equipment now used in fire fighting is
increasing in size. The code already recognizes that larger dimensions may be required under Section
503.2.2. The amendments are to standardize the dimensions for this area. With the increase in fire
apparatus size, this will allow for the passage of two fire apparatus during a fire or EMS emergency.)
* *Section 503.3; change to read as follows:
503.3 Marking. Striping, signs, or other markings, when approved by the code official, shall be provided
for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Striping, signs
and other markings shall be maintained in a clean and legible condition at all times and be replaced or
repaired when necessary to provide adequate visibility.
(1) Striping — Fire apparatus access roads shall be continuously marked by painted lines of red
traffic paint six inches (6 ") in width to show the boundaries of the lane. The words "NO PARKING
FIRE LANE" or "FIRE LANE NO PARKING" shall appear in four inch (4 ") white letters at 25 feet
intervals on the red border markings along both sides of the fire lanes. Where a curb is available,
the striping shall be on the vertical face of the curb.
(2) Signs — Signs shall read "NO PARKING FIRE LANE" or "FIRE LANE NO PARKING" and
shall be 12" wide and 18" high. Signs shall be painted on a white background with letters and
borders in red, using not less than 2" lettering. Signs shall be permanently affixed to a stationary
post and the bottom of the sign shall be six feet, six inches (66 ") above finished grade. Signs
shall be spaced not more than fifty feet (50') apart. Signs may be installed on permanent
buildings or walls or as approved by the Fire Chief.
(3) In -laid Pavers - In -laid fire lane identification systems may be approved by the code
official having jurisdiction. Approved in -laid fire lane identification systems will be
enforced under this code as with other provisions of this code by the code official.
(Reason: Establishes a standard method of marking.)
* *Section 503.4; change to read as follows:
503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be
obstructed in any manner, including the parking of vehicles. The minimum widths and clearances
established in Section 503.2.1 and any area marked as a fire lane as described in Section 503.3 shall be
maintained at all times.
(Reason. As originally worded, it implied that vehicles could be parked in the marked fire lane and not be
2006 IFC Amendments
in violation if the minimum width is still maintained. Current accepted enforcement practice is to require
all of the marked fire lane to be maintained clear and unobstructed.)
* *Section 505.1; replace to read as follows:
505.1 Address numbers. Approved numerals of a minimum 6" height and of a color contrasting with the
background designating the address shall be placed on all new and existing buildings or structures in a
position as to be plainly visible and legible from the street or road fronting the property and from all rear
alleyways / access.
Where buildings do not immediately front a street, approved 6 inch height building numerals or addresses
and 3 -inch height suite / apartment numerals of a color contrasting with the background of the building
shall be placed on all new and existing buildings or structures. Numerals or addresses shall be posted on
a minimum 20 inch by 30 inch background on border.
Address numbers shall be Arabic numerals or alphabet letters. The minimum stroke width shall be 0.5
inches.
Exception: R -3 Single Family occupancies shall have approved numerals of a minimum 3'/2
inches in height and a color contrasting with the background clearly visible and legible from the
street fronting the property and rear alleyway where such alleyway exists.
(Reason: To increase the minimum requirements for commercial and establish a minimum for single -
family residential.)
* *Add Section 511 Emergency Radio Communications to read as follows:
SECTION 511
EMERGENCY RADIO COMMUNICATIONS
511.1 Signal strength in buildings. In all new and existing buildings in which the type of construction or
distance from an operational emergency services antenna or dispatch site does not provide adequate
frequency or signal strength as determined by the code official, the building owner shall be responsible
for providing the equipment, installation and maintenance of said equipment in a manner to strengthen
the radio signal. The radio signal shall meet the minimum input / output strengths according to the
emergency radio system's provider and system manager.
(Reason. Ensure proper communication inside the building during emergency operations.)
* *Section 704.1; change to read as follows:
704.1 Enclosure. Interior vertical shafts, including but not limited to stairways, elevator hoistways,
service and utility shafts, that connect two or more stories of a building shall be enclosed or protected in
accordance with the codes in effect at the time of construction but, regardless of when constructed, not
less than as specified in Table 704.1.
(Reason: Provides standard minimum protection retroactively, but clarifies that this section is not to be
used to reduce higher protection levels that were required when originally constructed.)
* *Section 901.6.1; add section to read as follows:
901.6.1.1 Standpipe Testing. Building owners /managers must utilize a licensed fire protection
contractor to test and certify standpipe systems. In addition to the testing and maintenance requirements
of NFPA 25 applying to standpipe systems, the following additional requirements shall be applied to the
2006 IFC Amendments
testing that is required every 5 years:
1. The piping between the Fire Department Connection (FDC) and the standpipe shall be
hydrostatically tested for all FDC's on any type of standpipe system. Hydrostatic testing shall also
be conducted in accordance with NFPA 25 requirements for the different types of standpipe
systems.
2. For any manual (dry or wet) standpipe system not having an automatic water supply capable of
flowing water through the standpipe, the contractor shall connect hose from a fire hydrant or
portable pumping system (as approved by the fire code official) to each FDC, and flow water
through the standpipe system to the roof outlet to verify that each inlet connection functions
properly. There is no required pressure criteria at the outlet. Verify that check valves function
properly and that there are no closed control valves on the system.
3. Any pressure relief, reducing, or control valves shall be tested in accordance with the requirements
of NFPA 25.
4. If the FDC is not already provided with approved caps, the contractor shall install such caps for all
FDC's. Contact the Fire Marshal for additional information.
5. Upon successful completion of standpipe test, the contractor shall place a blue tag (as per "Texas
Administrative Code, Title 28. Insurance, Part I. Texas Department of Insurance, Chapter 34.
State Fire Marshal, Subchapter G. Fire Sprinkler Rules, 28 TAC § 34.720. Inspection, Test and
Maintenance Service (ITM) Tag ") at the bottom of each standpipe riser in the building. An example
of this tag is located at the end of this SOP. The tag shall be check - marked as "Fifth Year" for Type
of ITM, and the note on the back of the tag shall read "5 Year Standpipe Test" at a minimum.
6. The contractor shall follow the procedures as required by "Texas Administrative Code, Title 28.
Insurance, Part I. Texas Department of Insurance, Chapter 34. State Fire Marshal, Subchapter G.
Fire Sprinkler Rules, 28 TAC" with regard to Yellow Tags and Red Tags or any deficiencies noted
during the testing, including the required notification of the local Authority Having Jurisdiction (Fire
Marshal).
7. Additionally, records of the testing shall be maintained by the owner and contractor, as required
by the State Rules mentioned above and NFPA 25.
8. Standpipe system tests where water will be flowed external to the building shall not be conducted
during freezing conditions or during the day prior to expected night time freezing conditions.
9. Contact the Fire Marshal for requests to remove existing fire hose from Class II and III standpipe
systems where employees are not trained in the utilization of this fire fighting equipment. All
standpipe hose valves must remain in place and be provided with an approved cap and chain when
approval is given to remove hose by the fire code official.
(Reason: Increases the reliability of the fire protection system and re- emphasizes the requirements of
NFPA 25.)
* *Section 901.7; amend to read as follows:
901.7 Systems out of service. Where a required fire protection system is out of service or in the event
of an excessive number of activations, the fire department and the code official shall be notified
immediately and, where required by the code official, the building shall either be evacuated or an
approved fire watch shall be provided for all occupants left unprotected by the shut down until the fire
protection system has been returned to service.
(Reason: Gives Fire Chief more discretion. Requires adoption of definition amendment in Section 202.)
2006 IFC Amendments
** Section 903.2.7.1 One and Two - Family Dwellings and Townhouses. An automatic sprinkler
system shall be installed for one and two- family dwellings and townhouses in accordance with
Section 903.3.1.3.
(Reason: Clearly denotes that automatic fire sprinkler systems are required in one and two- family
dwellings.)
* *Section 903.2; delete the exception.
(Reason: These areas pose a fire risk to the structural integrity of the building.)
* *Section 903.2.1.1 Group A -1. An automatic sprinkler system shall be provided throughout a fire
area containing Group A -1 Occupancies.
(Reason: The Town of Westlake requires all building and portions thereof of this classification
are protected by automatic sprinkler systems. All exceptions to this relating to area requirements
and other exceptions are deleted).
* *Section 903.2.1.2 Group A -2. An automatic sprinkler system shall be provided throughout a fire
area containing Group A -2 Occupancies.
(Reason: The Town of Westlake requires all building and portions thereof of this classification
are protected by automatic sprinkler systems. All exceptions to this relating to area requirements
and other exceptions are deleted).
* *Section 903.2.1.3 Group A -3. An automatic sprinkler system shall be provided throughout a fire
area containing Group A -3 Occupancies.
(Reason: The Town of Westlake requires all building and portions thereof of this classification
are protected by automatic sprinkler systems. All exceptions to this relating to area requirements
and other exceptions are deleted).
* *Section 903.2.1.4 Group A -4. An automatic sprinkler system shall be provided throughout a fire
area containing Group A -4 Occupancies.
(Reason: The Town of Westlake requires all building and portions thereof of this classification
are protected by automatic sprinkler systems. All exceptions to this relating to area requirements
and other exceptions are deleted).
* *Section 903.2.1.5 Group A -5. An automatic sprinkler system shall be provided throughout a fire
area containing Group A -5 Occupancies.
(Reason: The Town of Westlake requires all building and portions thereof of this classification
are protected by automatic sprinkler systems. All exceptions to this relating to area requirements
and other exceptions are deleted).
(Reason: The Town of Westlake requires all building and portions thereof of this classification
are protected by automatic sprinkler systems. All exceptions to this relating to area requirements
and other exceptions are deleted).
* *Section 903.2.1.6 Group B Occupancies. An automatic sprinkler system shall be provided
throughout all Group B Occupancies.
2006 IFC Amendments
(Reason: The Town of Westlake requires all building and portions thereof of this classification
are protected by automatic sprinkler systems. All exceptions to this relating to area requirements
and other exceptions are deleted).
* *Section 903.2.2 Group E. An automatic sprinkler system shall be provided throughout a fire area
containing Group E Occupancies.
(Reason: The Town of Westlake requires all building and portions thereof of this classification
are protected by automatic sprinkler systems. All exceptions to this relating to area requirements
and other exceptions are deleted).
* *Section 903.2.3 Group F -1. An automatic sprinkler system shall be provided throughout a fire area
containing Group F -1 Occupancies.
(Reason: The Town of Westlake requires all building and portions thereof of this classification
are protected by automatic sprinkler systems. All exceptions to this relating to area requirements
and other exceptions are deleted).
* *Section 903.2.6 Group M. An automatic sprinkler system shall be provided throughout a fire
area containing Group M Occupancies.
(Reason: The Town of Westlake requires all building and portions thereof of this classification
are protected by automatic sprinkler systems. All exceptions to this relating to area requirements
and other exceptions are deleted).
* *Section 903.2.8 Group S -1. An automatic sprinkler system shall be provided throughout a fire
area containing Group S -1 Occupancies.
(Reason: The Town of Westlake requires all building and portions thereof of this classification
are protected by automatic sprinkler systems. All exceptions to this relating to area requirements
and other exceptions are deleted).
* *Section 903.2.8.1 Repair Garages. An automatic sprinkler system shall be provided throughout
all buildings used as repair garages in accordance with the International Building Code.
(Reason: The Town of Westlake requires all building and portions thereof of this classification
are protected by automatic sprinkler systems. All exceptions to this relating to area requirements
and other exceptions are deleted).
* *Section 903.2.8.2 Bulk of Tires. Buildings and structures with areas for the storage of tires shall
be equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1.
(Reason: The Town of Westlake requires all building and portions thereof of this classification
are protected by automatic sprinkler systems. All exceptions to this relating to area requirements
and other exceptions are deleted).
* *Add Section 903.2.8.3 to read as follows:
903.2.8.3 Self- service storage facility. An automatic sprinkler system shall be installed throughout
all self - service storage facilities.
(Reason: Fire departments are unable to inspect these commercial occupancies and are unaware of the
contents being stored.)
2006 IFC Amendments
* *Section 903.2.9 Group S -2. An automatic sprinkler system shall be provided throughout all buildings
classified as enclosed parking garages in accordance with Section 406.4 of the International Building
Code or where located beneath other groups.
(Reason: The Town of Westlake requires all building and portions thereof of this classification
are protected by automatic sprinkler systems. All exceptions to this relating to area requirements
and other exceptions are deleted).
903.2.10.1.1. Stories and basements without openings. An automatic sprinkler system shall be
installed in every story or basement of all buildings without openings.
Delete Sections 903.2.10.1.2 and 903.10.1.3
903.2.10.4 High -Piled Combustible Storage. For any building with a clear height exceeding 12 feet
(45 72 mm), see Chapter 23 to determine if those provisions apply.
903.2.10.5 Spray Booths and Rooms. New and existing spray booths and spraying rooms shall be
protected by an approved automatic fire - extinguishing system.
*"Section 903.2.10; amend 903.2.10.3 and add 903.2.10.4, 903.2.10.5, and 903.2.10.6 as follows:
903.2.10.3 Buildings more than 55 feet in height. An automatic sprinkler system shall be installed
throughout buildings with a floor level, other than penthouses in compliance with Section 1509 of the
International Building Code, that is located 55 feet (16 674 mm) or more than three stories above the
lowest level of fire department vehicle access.
Exception:
1. Open parking structures in compliance with Section 406.3 of the International Building Code.
* *903.2.14. New Construction. An automatic sprinkler system shall be installed throughout all buildings
in accordance with provisions of this code. For the purpose of this provision, fire walls shall not define
separate buildings.
Exceptions:
1. Detached Group U occupancies that do not exceed 1,500 square feet in area and are a minimum
of 10 feet from any structure. Any living or sleeping areas which have the intent of meeting the
meaning of a Group R occupancy shall be provided with an automatic sprinkler system for such
area in Group U occupancies.
2. Covered walkways or open canopies above fuel dispensing pumps, bus stops or other similar
structures intended only for the temporary protection of persons from inclement weather but not
including patios, porches, etc. attached to buildings.
3. Temporary building housing construction materials and offices not exceeding 500 square feet for
180 days. Additional time can be granted by the Fire Code Official.
4. Open parking structures in compliance with Section 406.3 of the International Building Code.
5. Guard houses for commercial and residential and public use.
6. Gazebos and armadas for residential and public use.
7. Independent rest room buildings associated with golf course, construction sites, parks, and
similar uses.
* *Section 903.3.1.1.1; change to read as follows:
2006 IFC Amendments
903.3.1.1.1 Exempt locations. When approved by the code official, automatic sprinklers shall not be
required in the following rooms or areas where such ... {bulk of section unchanged) ... because it is
damp, of fire - resistance -rated construction or contains electrical equipment.
1. Any room where the application of water, or flame and water, constitutes a serious life or fire
hazard.
2. Any room or space where sprinklers are considered undesirable because of the nature of the
contents, when approved by the code official.
3. Generator and transformer rooms, under the direct control of a public utility, separated from the
remainder of the building by walls and floor /ceiling or roof /ceiling assemblies having a fire -
resistance rating of not less than 2 hours.
In those locations listed in this section where automatic sprinkler systems are omitted, the
area or location shall be protected by an approved fire protection system as listed in Section
904, Alternative Automatic Fire - Extinguishing Systems, of this code.
(Reason: Gives more discretion to code official. Protects locations where fire risks are poorly addressed.)
* *Section 903.3.5; add a second paragraph to read as follows:
Water supply as required for such systems shall be provided in conformance with the supply
requirements of the respective standards; however, every fire protection system shall be designed with a
10 psi safety factor.
(Reason: To define uniform safety factor.)
* *Section 903.4; add a second paragraph after the exceptions to read as follows:
Sprinkler and standpipe system water -flow detectors shall be provided for each floor tap to the
sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All
control valves in the sprinkler and standpipe systems except for fire department hose connection valves
shall be electrically supervised to initiate a supervisory signal at the central station upon tampering.
(Reason. To avoid significant water losses. Consistent with amendment to IFC 905.9.)
* *Section 903.4.2; add second paragraph to read as follows:
The alarm device required on the exterior of the building shall be a weatherproof horn /strobe
notification appliance with a minimum 75 candela strobe rating, installed as close as practicable to the fire
department connection.
(Reason: Fire department connections are not always located at the riser, this allows the fire department
faster access.)
* *Add Section 903.6.2 to read as follows:
903.6.2 Spray booths and rooms. New and existing spray booths and spray rooms shall be protected
by an approved automatic fire - extinguishing system in accordance with Section 1504.
(Reason: Consistent with amendment to IFC 1504.)
"Section 905.2; change to read as follows:
905.2 Installation standards. Standpipe systems shall be installed in accordance with this section and
NFPA 14. Manual dry standpipe systems shall be supervised with a minimum of 10 psig and a maximum
of 40 psig air pressure with a high /low alarm.
2006 IFC Amendments
(Reason. To define manual dry standpipe supervision requirements.)
* *Add Section 905.3.8 and exception to read as follows:
905.3.8 Building Area. In buildings exceeding 10,000 square feet in area per story, Class I automatic wet
or manual wet standpipes shall be provided where any portion of the building's interior area is more than
200 feet (60960 mm) of travel, vertically and horizontally, from the nearest point of fire department vehicle
access.
Exception: Automatic dry and semi - automatic dry standpipes are allowed as provided for in
NFPA 14.
(Reason: Allows for the rapid deployment of hose lines to the body of the fire.)
* *Section 905.4, item #5; change to read as follows:
5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3 - percent slope),
each standpipe shall be provided with a two -way hose connection located either ... {remainder of
paragraph unchanged) .. .
(Reason: Reduced the amount of pressure required to facilitate testing, and provides backup protection
for fire fighter safety.)
* *Section 905.9; add a second paragraph after the exceptions to read as follows:
Sprinkler and standpipe system water -flow detectors shall be provided for each floor tap to the
sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All
control valves in the sprinkler and standpipe systems except for fire department hose connection valves
shall be electrically supervised to initiate a supervisory signal at the central station upon tampering.
(Reason: To avoid significant water losses. Consistent with amendment to IFC 903.4.)
* *Add Section 907.1.3 to read as follows:
907.1.3 Design Standards. All alarm systems new or replacement serving 20 or more alarm actuating
devices shall be addressable fire detection systems. Alarm systems serving more than 40 smoke
detectors or more than 100 total alarm activating devices shall be analog intelligent addressable fire
detection systems.
Exception: Existing systems need not comply unless the total building remodel or expansion
initiated after the effective date of this code, as adopted, exceeds 30% of the building. When
cumulative building remodel or expansion exceeds 50% of the building must comply within 18
months of permit application.
(Reason: Consistent with local practice.)
* *Section 907.2.1; change to read as follows:
907.2.1 Group A. A manual fire alarm system shall be installed in Group A occupancies having an
occupant load of 300 or more persons or more than 100 persons above or below the lowest level of exit
discharge. Portions of Group E occupancies occupied for assembly purposes shall be provided with a
fire alarm system as required for the Group E occupancy.
(Reason. Increases the requirement is changed to be consistent with Group B requirement.)
2006 IFC Amendments
* *Section 907.2.3; change to read as follows:
907.2.3 Group E. A manual fire alarm system shall be installed in Group E educational occupancies.
When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be
connected to the building fire alarm system. An approved smoke detection system shall be installed in
Group E day care occupancies. Unless separated by a minimum of 100' open space, all buildings,
whether portable buildings or the main building, will be considered one building for alarm occupant load
consideration and interconnection of alarm systems.
(Reason: To distinguish educational from day care occupancy minimum protection requirements. Further,
to define threshold at which portable buildings are considered a separate building for the purposes of
alarm systems.)
* *Section 907.2.3; change exception #1 and add exception #1.1 to read as follows:
1. Group E educational and day care occupancies with an occupant load of less than 50 when
provided with an approved automatic sprinkler system.
1.1. Residential In -Home day care with not more than 12 children may use interconnected
single station detectors in all habitable rooms. (For care of more than five children 2 1/2
or less years of age, see Section 907.2.6.)
(Reason: Consistent with Texas State laws concerning day care facility requirements.)
* *Section 907.2.12; change to read as follows:
907.2.12 High -rise buildings. Buildings having floors used for human occupancy located 55 feet (16
674 mm) or more than three stories above the lowest level of fire department vehicle access shall be
provided with an automatic fire alarm system and an emergency voice /alarm communications system in
accordance with Section 907.2.12.2.
(Reason. To correct definition of high -rise for the Town of Westlake.)
* *Section 907.2.12, exception #3; change to read as follows:
3. Buildings with an occupancy in Group A -5 in accordance with Section 303.1 of the International
Building Code, when used for open air seating; however, this exception does not apply to
accessory uses including but not limited to sky boxes, restaurants and similarly enclosed areas.
(Reason: To indicate that enclosed areas within open air seating type occupancies are not excepted from
automatic fire alarm system requirements.)
* *Section 907.4; add a second paragraph to read as follows:
Manual alarm actuating devices shall be an approved double action type.
(Reason: Consistent with local requirements.)
** Add Section 907.6.1 to read as follows:
907.6.1 Installation. All fire alarm systems shall be installed in such a manner that a failure of any single
initiating device or single open in an initiating circuit conductor will not interfere with the normal operation
of other such devices. All initiating circuit conductors shall be Class "A" wired with a minimum of six feet
separation between supply and return circuit conductors. IDC — Class "A" Style D; SLC - Class "A" Style
6; NAC - Class "B" Style Y. The IDC from an addressable device used to monitor the status of a
suppression system may be wired Class B, Style B provided the distance from the addressable device is
within 10 -feet of the suppression system device.
2006 IFC Amendments
(Reason: To provide uniformity in system specifications and guidance to design engineers.)
* *Section 907.9.2; change to read as follows:
907.9.2 High -rise buildings. In buildings that have any floor used for human occupancy that is located
more than 55 feet (16 674 mm) or more than three stories above the lowest level ... {remainder of
section unchanged).
(Reason: Correct definition of high -rise for Option B jurisdictions.)
* *Section 910.1; Amend exception 2 to read as follows:
4. Where areas of buildings are equipped with early suppression fast - response (ESFR) sprinklers,
only manual smoke and heat vents shall be required within these areas.
(Reason: Allows the fire department to control the smoke and heat during and after a fire event.)
* *Section 910.2; Add subsection 910.2.4 and exceptions to read as follows:
910.2.4 Group H. Buildings and portions thereof used as a Group H occupancy as follows:
1. In occupancies classified as Group H -2 or H -3, any of which are more than 15,000 square feet (1394
m2) in single floor area.
Exceptions:
1. Buildings of noncombustible construction containing only noncombustible materials.
2. In areas of buildings in Group H used for storing Class 2, 3 and 4 liquid and solid oxidizers, Class
1 and unclassified detonable organic peroxides, Class 3 and 4 unstable (reactive) materials, or
Class 2 or 3 water - reactive materials as required for a high- hazard commodity classification.
3. Buildings of noncombustible construction containing only noncombustible materials.
(Reason: Maintain the current level of protection as outlined in the 2003 IFC.)
** *Table 910.3; Change the title of the first row of the table from "Group F -1 and S -1" to include
"Group H" and to read as follows:
Group H F -1 and S -1
(Reason. Consistency with the amendment 910.2.4 to include Group H)
* *Section 910.3.2.2; Add second paragraph to read as follows:
The automatic operating mechanism of the smoke and heat vents shall operate at a temperature
rating at least 100 degrees (F) (approximately 38 degrees Celsius) greater than the temperature rating of
the sprinklers installed.
(Reason: Specifies a temperature range at which smoke and heat vents should activate in sprinklered
buildings to ensure that the sprinkler system has an opportunity to activate and control the fire prior to
vent operation.)
2006 IFC Amendments
* *Section 913.1— Add second paragraph and exception to read as follows:
When located on the ground level at an exterior wall, the fire pump room shall be provided with an
exterior fire department access door that is not less than 3 ft. in width and 6 ft. — 8 in. in height, regardless
of any interior doors that are provided. A key box shall be provided at this door, as required by Section
506.1.
Exception: When it is necessary to locate the fire pump room on other levels or not at an exterior
wall, the corridor leading to the fire pump room access from the exterior of the building shall be
provided with equivalent fire resistance as that required for the pump room, or as approved by the fire
code official. Access keys shall be provided in the key box as required by Section 506.1.
(Reason: This requirement allows firefighters safer access to the fire pump room. The requirement
allows access without being required to enter the building and locate the fire pump room interior access
door during a fire event. The exception recognizes that this will not always be a feasible design scenario
for some buildings, and as such, provides an acceptable alternative to protect the pathway to the fire
pump room.)
* *Section 1017.1; add an exception #5 to read as follows:
5. In Group B office buildings, corridor walls and ceilings need not be of fire - resistive construction
within office spaces of a single tenant when the space is equipped with an approved automatic
fire alarm system with corridor smoke detection. The actuation of any detector shall activate
alarms audible in all areas served by the corridor. The smoke - detection system shall be
connected to the building's fire alarm system where such a system is provided.
(Reason: Consistent with regional amendment to IBC 1017.1.)
"Section 1020.1.7; change to read as follows:
1020.1.7 Smokeproof enclosures. In buildings required to comply with Section 403 or 405 of the IBC,
each of the exits of a building that serves stories where any floor surface is located more than 55 feet (16
674 mm) or more than three stories above the lowest level of fire ... {remainder of section unchanged).
(Reason: Correct definition of high -rise for Option B jurisdictions.)
* *Section 1028.2; change to read as follows:
1028.2 Reliability. Required exit accesses, exits or exit discharges shall be continuously maintained free
from obstructions or impediments to full instant use in the case of fire or other emergency. Security
devices affecting means of egress shall be subject to approval of the fire code official.
(Reason: Maintain a current level of protection as identified in the 2003 and provide firefighter safety.)
* *Section 1504.4; change to read as follows:
1504.4 Fire Protection. New and existing spray booths and spray rooms shall be protected by an
approved automatic fire - extinguishing system ... [remainder of section unchanged} ...
(Reason. Consistent protection in all spray booths.)
* *Section 2204.1; change to read as follows:
2204.1 Supervision of dispensing. The dispensing of fuel at motor fuel- dispensing facilities shall be in
accordance with the following:
1. Conducted by a qualified attendant; and /or,
2. Shall be under the supervision of a qualified attendant; and /or
2006 IFC Amendments
3. Shall be an unattended self- service facility in accordance with Section 2204.3.
At any time the qualified attendant of item #1 or #2 above is not present, such operations shall be
considered as an Unattended self - service facility and shall also comply with Section 2204.3.
(Reason: Allows a facility to apply the attended and unattended requirements of the code when both are
met.)
*Section 2302; add a second paragraph to the definition of "High -Piled Combustible Storage"
to read as follows:
Any building exceeding 6,000 sq.ft. that has a clear height in excess of 12 feet, making it possible
to be used for storage in excess of 12 feet, shall be considered to be high -piled storage and shall comply
with the provisions of this section. When a specific product cannot be identified, a fire protection system
shall be installed as for Class IV commodities, to the maximum pile height.
(Reason. To provide protection for worst -case scenario in flexible or unknown situations.)
** *Table 2306.2; replace text of "footnote j" to read as follows:
j. Where areas of buildings are equipped with early suppression fast - response (ESFR) sprinklers, only
manual smoke and heat vents shall be required within these areas.
(Reason: Allows the fire department to control the smoke and heat during and after a fire event.)
* *Section 3301.1.3; change to read as follows:
3301.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are
prohibited.
Exceptions:
1. Only when approved for fireworks displays, storage and handling of fireworks as allowed in
Section 3304 and 3308.
2. The use of fireworks for approved display as allowed in Section 3308.
(Reason: Restricts to approved displays, which is consistent with local practice.)
*Section 3302; change the definition of "fireworks" to read as follows:
FIREWORKS. Any composition or device for the purpose of producing a visible or an audible effect for
entertainment purposes by combustion, deflagration, detonation, and /or activated by ignition with a match
or other heat producing device that meets the definition of 1 AG fireworks or 1.3G fireworks as set forth
herein.
(Reason: Increased safety from fireworks related injuries.)
* *Section 3403.6; add a sentence to read as follows:
An approved method of secondary containment shall be provided for underground tank and piping
systems.
* *Section 3404.2.11.5; add a sentence to read as follows:
An approved method of secondary containment shall be provided for underground tank and piping
systems.
2006 IFC Amendments
(Reason: Increased protection in response to underground leak problems and remediation difficulty in
underground applications.)
* *Section 3404.2.11.5.2; change to read as follows:
3404.2.11.5.2 Leak detection. Underground storage tank systems ... (bulk of provision unchanged) ...
and installed in accordance with NFPA 30 and as specified in Section 3404.2.11.5.3.
(Reason: Reference to Section 3404.2.11.5.3 amendment.)
* *Add Section 3404.2.11.5.3 to read as follows:
3404.2.11.5.3 Dry sumps. Approved sampling tubes of a minimum 6 inches in diameter shall be
installed in the backfill material of each underground flammable or combustible liquid storage tank. The
tubes shall extend from a point 12 inches below the average grade of the excavation to ground level and
shall be provided with suitable surface access caps. Each tank site shall provide a sampling sump at the
corners of the excavation with a minimum of 4 sumps. Sampling tubes shall be placed in the product line
excavation within 10 feet of the tank excavation and one every 50 feet routed along product lines towards
the dispensers, a minimum of two are required.
(Reason. Provides an economical means of checking potential leaks at each tank site.)
* *Delete Section 3406.5.4.5 and replace with the following:
3406.5.4.5 Commercial, industrial, governmental or manufacturing. Dispensing of Class II and III
motor vehicle fuel from tank vehicles into the fuel tanks of motor vehicles located at commercial,
industrial, governmental or manufacturing establishments is allowed where permitted, provided such
dispensing operations are conducted in accordance with Sections 3406.5.4.5.1 through 3406.5.4.5.3.
3406.5.4.5.1 Site requirements.
1. Dispensing may occur at sites that have been permitted to conduct mobile fueling.
2. A detailed site plan shall be submitted with each application for a permit. The site plan must indicate:
a. all buildings, structures, and appurtenances on site and their use or function;
b. all uses adjacent to the property lines of the site;
c. the locations of all storm drain openings, adjacent waterways or wetlands;
d. information regarding slope, natural drainage, curbing, impounding and how a spill will be
retained upon the site property; and,
e. The scale of the site plan.
3. The Code Official is authorized to impose limits upon: the times and /or days during which mobile
fueling operations are allowed to take place and specific locations on a site where fueling is
permitted.
4. Mobile fueling operations shall be conducted in areas not generally accessible to the public.
5. Mobile fueling shall not take place within 15 feet (4.572 m) of buildings, property lines, or combustible
storage.
3406.5.4.5.2 Refueling Operator Requirements.
1. The owner of a mobile fueling operations shall provide to the jurisdiction a written response plan
which demonstrates readiness to respond to a fuel spill, carry out appropriate mitigation measures,
and to indicate its process to properly dispose of contaminated materials when circumstances
require.
2. The tank vehicle shall comply with the requirements of NFPA 385 and Local, State and Federal
requirements. The tank vehicle's specific functions shall include that of supplying fuel to motor
vehicle fuel tanks. The vehicle and all its equipment shall be maintained in good repair.
2006 IFC Amendments
3. Signs prohibiting smoking or open flames within 25 feet (7.62 m) of the tank vehicle or the point of
fueling shall be prominently posted on 3 sides of the vehicle including the back and both sides.
4. A fire extinguisher with a minimum rating of 40:13C shall be provided on the vehicle with signage
clearly indicating its location.
5. The dispensing nozzles and hoses shall be of an approved and listed type.
6. The dispensing hose shall not be extended from the reel more than 100 feet (30.48m) in length.
7. Absorbent materials, non -water absorbent pads, a 10 foot (3.048 m) long containment boom, an
approved container with lid, and a non - metallic shovel shall be provided to mitigate a minimum 5-
gallon fuel spill.
8. Tanker vehicles shall be equipped with a fuel limit switch such as a count -back switch, limiting the
amount of a single fueling operation to a maximum of 500 gallons (1893 L) between resettings of the
limit switch.
Exception: Tankers utilizing remote emergency shut -off device capability where the operator
constantly carries the shut -off device which, when activated, immediately causes flow of fuel from
the tanker to cease.
9. Persons responsible for dispensing operations shall be trained in the appropriate mitigating actions in
the event of a fire, leak, or spill. Training records shall be maintained by the dispensing company and
shall be made available to the Code Official upon request.
10. Operators of tank vehicles used for mobile fueling operations shall have in their possession at all
times an emergency communications device to notify the proper authorities in the event of an
emergency.
3406.5.4.5.3 Operational Requirements.
The tank vehicle dispensing equipment shall be constantly attended and operated only by designated
personnel who are trained to handle and dispense motor fuels.
Prior to beginning dispensing operations, precautions shall be taken to assure ignition sources are
not present.
The engines of vehicles being fueled shall be shut off during dispensing operations.
Night time fueling operations shall only take place in adequately lighted areas.
The tank vehicle shall be positioned with respect to vehicles being fueled so as to preclude traffic
from driving over the delivery hose and between the tank vehicle and the motor vehicle being fueled.
During fueling operations, tank vehicle brakes shall be set, chock blocks shall be in place and
warning lights shall be in operation.
Motor vehicle fuel tanks shall not be topped off.
The dispensing hose shall be properly placed on an approved reel or in an approved compartment
prior to moving the tank vehicle.
The Code Official and other appropriate authorities shall be notified when a reportable spill or
unauthorized discharge occurs.
(Reason. Provides clarity and organization of the site, operation and use requirements.)
* *Add Section 3803.2.9.8 to read as follows:
3803.2.1.8 Jewelry Repair, Dental Labs and Similar Occupancies. Where natural gas service is not
available, portable LP -Gas containers are allowed to be used to supply approved torch assemblies or
similar appliances. Such containers shall not exceed 20 -pound (9.0 kg) water capacity. Aggregate
capacity shall not exceed 60 -pound (27.2 kg) water capacity. Each device shall be separated from other
containers by a distance of not less than 20 feet.
(Reason: To provide a consistent and reasonable means of regulating the use of portable LP -Gas
containers in these situations.)
"Section 3804.2; add an exception 42 to read as follows:
2006 IFC Amendments
Exceptions:
1. {existing exception unchanged)
2. Except as permitted in 308.3 and 3804.3.2, LP -gas containers are not permitted in residential areas.
(Reason: To provide a consistent and reasonable means of regulating the use of portable LP -Gas
containers. References regional amendment to IFC 3804.3.2.)
* *Add Section 3804.3.2 to read as follows:
3804.3.2 Spas, Pool Heaters and other listed devices. Where natural gas service is not available, LP-
Gas containers are allowed to be used to supply spa and pool heaters or other listed devices. Such
containers shall not exceed 250 - gallon water capacity. See Table 3804.3 for location of containers.
(Reason: Allows for an alternate fuel source.)
END
2006 IFC Amendments
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Jarrod Greenwood, Public Works Superintendent
Subject: Regular meeting of October 27, 2008
Date: September 24, 2008
ITEM
Consider an Ordinance amending Chapter 94 Section 31 of the Westlake Code of
Ordinances setting Water /Waste Water Rates and Tap Fees.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
Q We are Leaders
o Environmental stewardship initiatives
BACKGROUND
The residential population of Westlake has grown by approximately 500 people within
the last eight years. In developing the Town's current Water and Waste Water Master
Plans in 1999, Town consultants used an average of 220 gallons per person/day. The
American Water Works Association states that the "Total water use (both indoor and
outdoor) in a typical single - family home is 101 gallons per capita per day" (May 2007).
However, Westlake residential average consumption is approximately 500 gallons per
person /day. This amount of consumption has increased demand of water and wastewater
supplies beyond our projections resulting in an accelerated need to obtain additional
infrastructure, initiate an aggressive water conservation campaign, and introduce new
water rates that reduce cross - customer class subsidization.
At the July 28th Board Workshop, staff presented a proposed utility rate
restructuring /increase (see attachment "A ") that would provide for full cost recovery of
services provided. The FY 08/09 budget was adopted and based on revenue from the
attached Water & Sewer Rate Fee schedule.
As the concern for our environment has increased in recent years, so have the federal and
state demands on water treatment and pollution control plants to improve their processes
and facilities. This has greatly increased the costs that the City of Fort Worth must
transfer on to its customer cities. In the face of rising costs for water and sewer services,
conservation can be a way for citizens to participate in lowering the impact to both the
environment and their finances; all at the same time. The customer pays for every drop,
whether it's used wisely or wasted. As we strive to lead in both environmental and
financial stewardship, water conservation is a proven plan that the Town should actively
promote. It is imperative to protect these finite resources today with community
programs, like a proactive conservation strategy, that target the causes of wasted water.
Therefore, staff has compiled water conservation resources to provide Westlake
customers to facilitate their effort to save water. Examples include: assistance billing
inserts, Web Site links on the Town's Web page, conservation information and tips
included in the quarterly Westlake Wire newsletter, and water /wastewater treatment and
conservation instruction to Westlake Academy students and irrigation contractors by
Town staff.
FUNDING
No impact to funding since the new rates /fees were included in the adopted FY 08/09
budget.
RECOMMENDATION
Staff recommends approval.
ATTACHMENTS:
Proposed 2008 Water & Sewer Rate and Tap Fee Table
Ordinance 604
TOWN OF WESTLAKE
ORDINANCE NO. 604
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING
CHAPTER 94 SECTION 31 OF THE WESTLAKE CODE OF ORDINANCES
SETTING WATER/WASTE WATER RATES AND TAP FEES BY
ESTABLISHING A NEW WATER AND WASTEWATER RATE SCHEDULE
AND A NEW WATER TAP FEE SCHEDULE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A CUMULATIVE
CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the provision of water and wastewater services throughout the
Town of Westlake, Texas, (the "Town ") is of vital importance to the health, safety and
welfare of the citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF
THE TOWN OF WESTLAKE, TEXAS:
SECTION 1: All matters stated in the preamble are hereby found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That Ordinance Nos. 368, 402, 406, and 446 are hereby amended
to adopt the Water and Wastewater Rate Schedule and the Water Tap Fee Schedule, as
shown on Exhibit "A" hereto, which said exhibit is hereby incorporated in its entirety as
if fully set forth.
SECTION 3: If any section, article, paragraph, sentence, clause, phrase or word
in this Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Board of Aldermen hereby
declares it would have passed such remaining of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 4: This Ordinance shall be cumulative of all other Ordinances and shall
not repeal any of the provisions of such Ordinances except for those instances where
there are direct conflicts with the provisions of this Ordinance. Ordinances or parts
thereof in force at the time this Ordinance shall take effect and that are inconsistent with
this Ordinance are hereby repealed to the extent that they are inconsistent with this
Ordinance.
SECTION 5: That should any person or entity be found in violation of any
provision of this Ordinance, same shall be punishable of a fine of not greater than five
hundred dollars ($500.00) and, that each day shall constitute a new violation.
SECTION 6: This Ordinance shall take effect„from and after its date -of pass
in accordance with law, and-it-is--so-ordained. r
PASSED AND APPROVED ON THIS 27 DAY OF OCTOBER 2008.
Laura Wheat, Mayor
ATTEST:
Kim Sutter TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
APPENDIX A
Base Service
Charges
Existing
Existing
Proposed
Residential
Commercial
Meter
Size
Water
Sewer
Water
Sewer
3/4"
$37.50
$30
$25
$30
1"
$55
$55
$25
$55
11/2"
$102.50
$105
$75
$105
2"
$157.50
$170
$150
$170
3"
$325
$370
$450
$370
4"
$720
$635
$1,500
$635
6"
$1,500
$1,330
$3,250
$1,330
8"
$2,160
$1,910
$4,000
$1,910
Existing
Proposed
Volume Charge Rate per
1,000 gallons
Residential
Commercial
Meter
Size
Water
Sewer
Water
Sewer
3/4"
$39
$30
39
$30
1"
$65.13
$55
$65.13
$55
11/2"
$129.87
$105
$129.87
$105
2"
$207.87
$170
$207.87
$170
3"
$455.13
$370
$455.13
$370
4"
$819
$635
$819
$635
6"
$1,500
$1,330
$3,250
$1,330
8"
$2,160
$1,910
$4,000
$1,910
Volume Charge Rate per
1,000 gallons
Proposed
Residential
Commercial
Volume
Water
Sewer
Water
Sewer
0 -2,000
gallons
$0.00
$0.00
$2.50
$3.21
2,001 -
10,000
$2.63
$3.21
$2.75
$3.21
10,001
20,000
$2.63
$3.21
$3.50
$3.21
20,001
40,000
$2.63
$0.00
$4.00
$3.21
40,001
400,000
$2.63
$0.00
$4.50
$3.21
over
400,000
gallons
$2.63
$0.00
$6.00
$3.21
(Maximum residential sewer volume = 20,000
gallons)
Proposed
2008 Water /Waste Water Rate and Tap Fee Table rev. 10/27/2008
Residential
Commercial
Volume
Water
Sewer
Water
Sewer
0 -2,000
gallons
$2.85
$0.00
$2.85
$3.21
2,001 -
10,000
$2.85
$3.21
$2.85
$3.21
10,001-
20,000
$2.85
$3.21
$2.85
$3.21
20,001 -
40,000
$3.56
$3.21
$3.56
$3.21
40,001 -
400,000
$4.45
$3.21
$4.45
$3.21
over
400,000
gallons
$5.57
$3.21
$5.57
$3.21
2008 Water /Waste Water Rate and Tap Fee Table rev. 10/27/2008
Deposits
Existing
Existing
Proposed
Residential
Commercial
Meter
Size
Water
Sewer
Water
Sewer
5/8"
$60
$40
$75
$40
3/4"
$90
$60
$75
$60
1"
$150
$100
$100
$100
1 1/2"
$300
$200
$250
$200
2"
$480
$320
$500
$320
3"
$1,050
$700
$1,000
$700
4"
$1,800
$1,200
$2,500
$1,200
6"
$3,750
$2,500
$3,500
$2,500
8"
$5,400
$3,600
$5,000
$3,600
Existing
Proposed
Tap Fees
Water Connection
Residential
Commercial
Meter
Size
Water
Sewer
Water
Sewer
5/8"
$900
1"
$525
$1,000
3/4"
$90
$60
$75
$60
1"
$150
$100
$100
$100
11/2"
$300
$200
$250
$200
2"
$480
$320
$500
$320
3"
$1,050
$700
$1,000
$700
4"
$1,800
$1,200
$2,500
$1,200
6"
$3,750
$2,500
$3,500
$2,500
8"
$5,400
$3,600
$5,000
$3,600
Tap Fees
Water Connection
Service Tap Fee
Meter Size
Existing
Service Line
Tap Fee
Street
Cut /Bore
3/4"
$500
$800
$900
1"
$525
$1,000
$1,100
11/2"
$700
$1,200
$1,275
2" Disc
$875
$1,950
$1,400
2" Compound & larger, or unusual installation
conditions, fee to be actual cost to Town plus 10 %.
Tap fees for connection installed by Town will be added
to meter set fees.
Does not include City of Fort Worth water or other
impact fees.
Sewer Connection
Service Tap Fee
Depth
Existing
Service Line
Tap Fee
Street
Cut /Bore
0 - 6 feet
$375
$450
$800
6 -12
feet
$375
$750
$1,200
12- 18
feet
$375
$1,050
$1,600
Proposed
Water Connection
Service Tap Fee
Meter Size
Existing
Service Line
Tap Fee
Street
Cut /Bore
3/4"
$550
$800
$900
1"
$600
$ -1,000
$1,100
11/2"
$800
$1,200
$1,275
2" Disc
$950
$1,950
$1,400
2" Compound & larger, or unusual installation
conditions, fee to be actual cost to Town plus 10 %. Tap
fees for connection installed by Town will be added to
meter set fees.
Does not include City of Fort Worth water or other
impact fees.
Sewer Connection
Service Tap Fee
Depth
Existing
Service Line
Tap Fee
Street
Cut /Bore
0 - 6 feet
$375
$450
$800
6 - 12 feet
$375
$750
$1,200
12 - 18 feet
$375
$1,050
$1,600
2008 Water/Waste Water Rate and Tap Fee Table rev. 10/27/2008
N'
OF --'-....
�
/
'
008
PROPOSE
"I A ER/WA TE
,
,
i
/
\
SA.ND TA
F,
M sk,
M�A ON I on M 10 1 Biel = Vil M
CUO,
"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:"
.2
DURAGE WATER
10 64 0 1 a ZU MIAM I Lei
'0
TEXAS WATER CONSERVATION ASSOCIATION
Leadership in Water Resources for Texas
W ter-Efficient
LaII S c 11 P i I I g:
DO WE REALLY
NEED TO"CONSERVE?
47
HOW ppES OUR
k1wo
CONSUMPTION
COMPARETOOTH R e *7
COMPARISON OF
RESIDENTIAL
WATER CONSUMPTION
k-��
r�
.t •
"WHO ARE THEYAND WHY
COMPARE OUR CONSUMPTION ?"
COMPARISON OF
RESIDENTIAL
WATER CONSUMPTION
Vol k,��
i _
COMPARISON OF
RESIDENTIAL
WATER CONSUMPTION
600
Q
0
w
a
Q
F° 400
0.
Q
U
Ir
w
n.
z
0
J 200
Q
IM
3
COMPARISON OF RESIDENTIAL
WATER CONSUMPTION
.t .
AWWA TEXAS REGION C - 2006 REGION C - 2060 WESTLAKE
...N -Td -
Residential Includes 2000 gallons
lk
WATER
BASE
RATES
Existing Proposed
Residential Residential
Volume
Existing
Commercial
Proposed
Meter Size
3/4"
$37.50 $39.00
$25.00
V.
$55.00 $65.13
Residential
$25.00
1.5"
$102.50 $129.87
$30.00
$75.00
2"
$157.50 $207.87
$65.13
$150.00
3"
$325.00 $455.13
$55.00
$450.00
4"
$720.00 $819.00
$105.00
$1,500.00
Residential Includes 2000 gallons
lk
WATER VOLUME RATES
Existing Proposed I I Existing Proposed
WASTEWATER VOLUME RATES
Existing Proposed I I Existing Proposed
Volume
Residential
WASTEWATER BASE RATES
Commercial
Proposed
Volume
Existing
Proposed
Existing
Proposed
Commercial
Meter Size
Residential
Residential
Residential
Residential
$39.00
3/4"
$30.00
$30.00
$30.00
$30.00
$65.13
1"
$55.00
$55.00
$55.00
$55.00
$129.87
1.5"
$105.00
$105.00
$105.00
$105.00
$207.87
2"
$170.00
$170.00
$170.00
$170.00
$455.13
3"
$370.00
$370.00
$370.00
$370.00
$819.00
4"
$635.00
$635.00
$635.00
$635.00
$3.21
Residential includes
2000 gallons
WATER VOLUME RATES
Existing Proposed I I Existing Proposed
WASTEWATER VOLUME RATES
Existing Proposed I I Existing Proposed
Volume
Residential
Residential
Commercial
Commercial
Volume
Residential Residential
Commercial
Commercial
0 -2000
-
$2.85
$2.50
$2.85
0 -2000
- -
$3.21
$3.21
2001 -10000
$2.50
$2.85
$2.75
$2.85
2001 -10000
$3.21 $3.21
$3.21
$3.21
10001 -20000
$2.60
$2.85
$3.50
$2.85
10001 -20000
$3.21 $3.21
$3.21
$3.21
20001 -40000
$2.70
$3.56
$4.00
$3.56
20001 -40000
- $3.21
$3.21
$3.21
40001 - 400000
$2.80
$4.45
$4.50
$4.45
40001 - 400000
- $3.21
$3.21
20$3.21
400000
$2.90
$5.57
$6.00
$5.57
400000
- $3.21
$3.21
$3.21
Residential is capped at 20,000 gallons
Cap Removed
CURRENT VS PROPOSED
$600.00
$400.00 -
$302.61
$200.00
$240.78
$0.00
Existing Proposed Existing Proposed
10,000 ? 30,000
Waste Water; $80.68 $80.68 1 $112.78 $144.88
`Water $75.00 $93.63 $128.00 $157.73
Total $155.68 $174.31 $240.78 $302.61
-
$446.91
$295.78
Existing I Proposed
50,000
$112.78 $209.08
$183.00 $237.83
1 $295.78 1 $446.91 1
Consumption Categories
$600.11
Proposed
70,000
$112.78 i $273.28
$236.-6-01-----$326.83
$351.78 1 $600.11
753.31
$407.78
Existing I Proposed
90,000
$112.78 $337.48
$295.00 $415.83
$407.78 $753.31
Waste Water
® Water
Total
21
EFFECTS OF CONSERVATION
- ADOPTED VS. CONSERVATION
$2,000,000
$1,600,000 -
$1,200,000
$800,000
$400,000 E- - -- -
$0
10%
20% _-
--
30%
Adopted Revenue
$1,673,507
$1,673,507
$1,673,507
Post Conservation Revenue
$1,378,243
$1,259,684
$1,141,124
—■ —Post Conservation Expenditures
$1,399,960
$1,343,473
$1,226,045
Pre Conservation Expenditures
$1,467,527
$1,467,527
$1,467,527
AMOUNT OF
CONSERVATION
22
del aNV s
1�113.LS�M /a3 tf
C33 oc:108dil
2003
V7\1
Town of
Westlake
Item # 10 —
Future Agenda
Items
10. FUTURE AGENDA ITEMS: Any Board member may request at a workshop
and / or Board meeting, 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 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.
- None.
Aldermen / Trustees Planning Calendar
Date
Contact
Description
Format
5/12/08
12
School Exit Interviews
Workshop
5/13/08
17 ? 18
Town facilities naming policy
Workshop
5/23/08
J. Greenwood
Southlake Waterline Proposal
Workshop
5/30/08
T. Meyer
Cemetery Rules and Regs.
Workshop
7/29/08
T. Meyer
Park and Rec. Adv. Board
Workshop
J. Greenwood
Stagecoach Hills Drainage
Workshop
Nov. 10, 2008, Meeting (Aldermen and Trustees)
Date Contact Description Format
10/21/08 T. Brymer Survey Development Workshop
Dec. 8, 2008, Meeting (Aldermen and Trustees)
Date Contact Description Format
10/21/08 T. Brymer Survey Development Workshop
10/21/08 T. Brymer Approve 2009 Meeting Calendar — Trustees and Aldermen Wkshp / Mtg
Jan. 12, 2009, Meeting (Aldermen and Trustees)
Date Contact Description Format
10/21/08 T. Brymer Survey Development — Aldermen Workshop
10/21/08 M. Rosevear Approve 2009 -2010 School Calendar - Trustees Meeting
Jan. 26, 2009, Meeting (Aldermen and Trustees)
Date Contact Description Format
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v 7 1
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12
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Trustee and Aldermen Meeting
Aldermen Meeting
Holiday
Town of
Westlake
Item # 11—
Board Calendar
11. BOARD CALENDAR.
- Texas Municipal League Annual Conference and Exhibition
o 10/28 — 10/31, San Antonio, Texas
- Aldermen Joint Workshop with Texas Student Housing Authority Board
o 11/3,4:15 p.m. Town Hall Offices
- FM 1938 Public Hearing
o 11/6, displays at 6:30 p.m., public hearing at 7 p.m.
Cross Timbers Community Church, 2525 Florence Road, Keller
- Household Hazardous Waste collection day
o 11/8,9 a.m. toll a.m., Westlake Academy Campus
- Gas Well Drilling Informational Meeting
o 11/11, 7 to 9 p.m., Town Hall Offices
- WHPS Annual Board Meeting
o 11/13, 6 p.m. —7:30 p.m., Marriott Solana
- Christmas Tree Lighting
o Tuesday, 12/2, 6:30 p.m., Westlake Academy Campus
Town of
Westlake
Item # 12 —
Adjournment
Back up material has not
been provided for this item.