HomeMy WebLinkAbout05-19-08 TC Agenda Packet
Town of Westlake
Board of Aldermen
Regular Meeting
May 19, 2008
TOWN OF WESTLAKE, TEXAS
BOARD OF ALDERMEN REGULAR MEETING
A G E N D A
May 19, 2008
WESTLAKE CIVIC CAMPUS
2600 J. T. OTTINGER ROAD
7:00 p.m.
1. CALL TO ORDER.
2. PLEDGE OF ALLEGIANCE.
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. Any item presented may
be noticed on a future agenda for deliberation or action.
4. CONSENT AGENDA: All items listed below are considered routine by the Board of
Aldermen and will be enacted with one motion. There will be no separate discussion of
items unless a Board member or citizen so requests, in which event the item will be
removed from the general order of business and considered in its normal sequence.
A. Review and approve minutes of the Board of Aldermen workshop and regular
meetings held on April 28, 2008.
B. Review and approve minutes of the Board of Aldermen workshop and regular
meetings held on May 5, 2008.
C. Review and approve any outstanding bills.
5. CONSIDER AN ORDINANCE CANVASSING THE RETURNS AND
DECLARING THE RESULTS OF THE GENERAL AND SPECIAL ELECTIONS
HELD ON MAY 10, 2008.
6. ADMINISTER OATHS OF OFFICE TO NEWLY ELECTED OFFICIALS.
7. RECOGNITION OF OUTGOING BOARD MEMBERS AND APPOINTED
OFFICIALS.
8. PRESENTATION BY STATE REPRESENTIVE VICKI TRUITT.
9. CONTINUE A PUBLIC HEARING AND CONSIDER AN ORDINANCE
APPROVING AN APPLICATION FOR AN AMENDMENT TO THE
COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE,
TEXAS, BY REMOVING APPROXIMATELY 107 ACRES FROM PLANNED
DEVELOPMENT 3-PLANNING AREA 3 (PD 3-3) AND REZONING THAT
ACREAGE TO BE CALLED PLANNED DEVELOPMENT 3-PLANNING AREA 12
(PD 3-12) GENERALLY LOCATED NORTH OF DOVE ROAD AND EAST OF J.T.
OTTINGER.
10. CONSIDER AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF
THE TOWN'S GENERAL OBLIGATION BOND, SERIES 2008 IN THE
AMOUNT OF $2.5M FOR THE CONSTRUCTION AND ASSOCIATED COSTS
OF THE ARTS AND SCIENCES CENTER.
11. CONSIDER A RESOLUTION AUTHORIZING THE TOWN MANAGER TO
ENTER INTO AGREEMENT WITH AIL INVESTMENT, L.P. GRANTING THE
USE OF A 10’UNDERGROUND WATER UTILITY EASEMENT.
12. CONSIDER A RESOLUTION AUTHORIZING THE TOWN MANAGER TO
ENTER INTO AN AGREEMENT WITH ATMOS ENERGY FOR THE
RELOCATION OF APPROXIMATELY 775 FEET OF GAS LINE LOCATED ON
THE CIVIC CAMPUS.
13. CONSIDER A RESOLUTION APPROVING:
A. Acceptance of a gift to assist the funding of the construction of the new Westlake
Academy Arts & Sciences Building Project;
B. Application of the gift towards the Arts portion of the Arts & Sciences Building
Project
C. Naming a portion of the Arts & Sciences Building Project
D. Authorization of the interim use of the Westlake Academy Foundation naming
guidelines for the Arts & Sciences Building Project
E. Directing the Town Manager to prepare a draft policy for naming all Town facilities
for the Board’s consideration
14. COUNCIL CALENDARS
- Planning and Zoning Commission – 5/22/08, 6 p.m.
- Historical Preservation Society meeting – 5/22/08, 5 p.m.
- Decoration Day event – 5/26/08, 6 to 8:30 p.m.
- Arts and Sciences Center groundbreaking – 6/5/08, Time TBD
- Board of Trustees meeting – 6/9/06, 6 p.m.
- Board of Aldermen meeting – 6/9/08, 7 p.m.
- Strategic Planning Retreat – 6/12 - 6/13 or 6/16 - 6/17
- Westlake Academy Foundation meeting – 6/12/08, 8:30 a.m.
- Texas Student Housing Authority meeting, 6/17/08, 5:30 p.m.
- Texas Municipal League Newly Elected Officials training
• 7/25 – 7/26/08, Austin, 7:30 a.m.
• 8/8 - 8/9/08, Austin, 7:30 a.m.
15. ADJOURNMENT.
Town of
Westlake
Item # 2 – Pledge of
Allegiance
Back up material has not been
provided for this item.
Town of
Westlake
Item #3 – Citizens’
Presentations
Back up material has not been
provided for this item.
Item #4 Consent Agenda “A”
TOWN OF WESTLAKE, TEXAS
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
BOARD OF ALDERMEN WORKSHOP
April 28, 2008
PRESENT: Mayor Scott Bradley and Aldermen Larry Corson, Kevin Maynard, Don Redding,
Pete Steger, and Bob Timmerman.
ABSENT: None.
STAFF PRESENT: Town Manager Thomas Brymer, Town Attorney Stan Lowry,
Town Secretary Kim Sutter, Director of Planning and
Development Eddie Edwards, Facilities and Recreation Director
Troy Meyer, DPS Director Don Wilson, Assistant to the Town
Manager Ginger Awtry, and Finance Director Debbie Piper.
1. CALL TO ORDER.
Mayor Bradley called the workshop to order at 5:00 p.m.
2. DISCUSS PROPOSED AMENDMENTS TO THE OIL & GAS WELLS
ORDINANCE.
Town Manager Brymer presented a list of proposed policy options as they relate to the
Board’s desired outcome with regard to oil and gas operations in the Town.
Discussion ensued with regard to the proposed policy options.
Discussion continued with regard to the status of the Southlake oil and gas ordinance,
other community gas well drilling ordinances, 1,000 foot distance and the
appropriateness of the distance, and setbacks along Town boundary lines.
Town Attorney Lowry advised the Board that Planned Developments (PD) would need to
be reviewed as well as the Town has the option to require land uses to be defined and
identified.
Alderman Corson expressed his desire to utilize a more systematic approach, including
public input, to consider changes to the ordinance.
Alderman Timmerman stated that he felt that the current process is systematic.
Alderman Maynard expressed his desire to revise the current ordinance to include stricter
technical and site operation standards before permits are issued.
Town Manager Brymer advised the Board that the current ordinance is enforceable;
however the Board should consider reviewing and revising the technical and site
operation standards. Additionally, Town Manager Brymer stated that the current zoning
ordinance restricts drilling to two (2) sites in the Town.
Town Manager Brymer reviewed the following sections of the draft ordinance. Board
member comments are listed with the respective section:
Topic Comments
Definition of emergency pipeline
Road repair agreement Add language from the Bedford ordinance.
Considering a means for allocating road
repair costs if the road is shared by more
than one drilling company at a time.
Application and review of well permit
o Transportation route to service the well
o Screening, fencing, and landscaping
plan
o $15,000 running balance per permit by
the applicant with the Town.
o Grant one year extension
Insurance and Indemnification
o Liability insurance requirements
Add language for environmental “tail” to
address pollution liability after closure of
well; $20 million per occurrence.
Security
o Cash bond requirement
Add language to narrowly define
Westlake’s bond requirements. Need to
determine amount.
Alderman Corson expressed his desire for
a security that is readily accessible to the
Town, but grants the applicant flexibility
as to the type of security provided.
Periodic reporting
o Annual reporting
Amended well permits
On site operation requirementsAdd language relative to height restriction
o Distances from residences, public
buildings, hospitals, ROW, erosion
control, floodplain, etc.
o Masonry wall required
for equipment.
Add strict language to ensure high quality
standards.
Alderman Corson expressed his desire to have staff develop a plan of action to complete
the revisions to the ordinance. Mr. Corson also suggested that the opinion of industry
experts be sought.
Town Manager Brymer advised that staff can develop a time line for consideration by the
Board.
Aldermen Corson and Timmerman agreed to the following policy option:
- Allow oil/gas operations in all zoning districts by SUP with more stringent
site operation and application technical standards that include 1,000 feet
spacing from structures, etc.
Alderman Steger expressed his support for the above policy option if the 1,000 foot
spacing from a structure is “set in stone”.
Town Attorney Lowry recommended the Board be explicit with regard to any ability to
alter the requirements with the granting of a Special Use Permit (SUP).
It was the consensus of the Board to continue discussions regarding the gas well drilling
ordinance on May 5, 2008, at 3 p.m.
3. REVIEW OF REGULAR AGENDA ITEMS.
This item was not discussed.
4. ADJOURNMENT.
There being no further business to come before the Board, Mayor Bradley declared the
workshop adjourned at 6:30 p.m.
APPROVED BY THE BOARD OF ALDERMEN ON MAY 19, 2008.
____________________________________
Scott Bradley, Mayor
ATTEST:
__________________________________
Kim Sutter, TRMC, Town Secretary
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
BOARD OF ALDERMEN REGULAR MEETING
April 28, 2008
PRESENT: Mayor Scott Bradley and Aldermen Larry Corson, Kevin Maynard, Don Redding,
Pete Steger (excused at 10:25 p.m.), and Bob Timmerman.
ABSENT: None.
OTHERS PRESENT: Town Manager Tom Brymer, Town Attorney Stan Lowry, Town
Secretary Kim Sutter, Finance Director Debbie Piper, DPS
Director Don Wilson, Facilities and Recreation Director Troy
Meyer, and Assistant to the Town Manager Ginger Awtry.
1. CALL TO ORDER.
Mayor Bradley called the meeting to order at 7:27 p.m.
2. CITIZENS' PRESENTATIONS.
There was no one present wishing to address the Board.
3. HEAR A REPORT FROM THE WESTLAKE ACADEMY FOUNDATION
PRESIDENT.
Westlake Academy Foundation Executive Director Angie Gofredo addressed the Board
regarding the item. Ms. Gofredo announced that the Foundation is launching the parent
fundraising campaign this week, and stated that the campaign will consist of letters to all
parents and, with the assistance of one to two parent volunteers per grade level, follow up
telephone calls will also be placed.
Mayor Bradley inquired if the Foundation had set a fundraising goal for the campaign.
Ms. Gofredo responded that a goal has not been established by the Foundation.
4. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE
APPROVING AN APPLICATION FOR AN AMENDMENT TO THE
COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE,
TEXAS, BY REMOVING APPROXIMATELY 107 ACRES FROM PLANNED
DEVELOPMENT 3-PLANNING AREA 3 (PD 3-3) AND REZONING THAT
ACREAGE TO BE CALLED PLANNED DEVELOPMENT 3-PLANNING AREA 12
(PD 3-12); AUTHORIZING, AMONG OTHER THINGS, A CONFERENCE AND
EDUCATIONAL CENTER, DATA CENTER, OFFICE AND RETAIL USES;
DEFINING CERTAIN TERMS; DESCRIBING AND INTERPRETING THE PD
CONCEPT PLAN, REGULATING PERMITTED USES, HEIGHT, LOT SIZES,
BUILDING LINES, TOTAL FLOOR AREA, PARKING, LOADING AND OTHER
DEVELOPMENT STANDARDS; LANDSCAPING, FLOOD PLAIN, AND
DRAINAGE; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL
ZONING MAP; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN
EFFECTIVE DATE.
Town Manager Brymer presented the case to the Board. Mr. Brymer stated that the case
includes the rezoning of a 107 acre tract located north of Dove Road and east of J.T.
Ottinger, and currently is included in the existing PD 3-3. Mr. Brymer explained that the
applicant is requesting a new planning area be created to include the 107 acre tract (PD 3-
12).
Town Manager Brymer presented a comparison chart of the current and proposed uses:
COMPARISON OF PERMITTED USES
PD 3-3
PD 3-12
Office Office
Retail Retail – Accessory Use
Residential Conference/Education Center
Hotel/Motel Data Center
Golf Golf
Restaurant Restaurant
Town Manager Brymer advised the Board that, at the applicants request, the number of
single family residences will not be reduced. Mr. Brymer further advised that the
Planning and Zoning Commission considered the case at their April 24, 2008, meeting
and voted unanimously to continue the public hearing to May 8, 2008, at 7:00 p.m. to
allow more time for the completion of a traffic impact analysis.
Mr. Joe Schneider, Vice President of Land Development for Hillwood Properties,
representing the applicant was present to address questions from the Board.
Discussion ensued with regard to the current and proposed uses, density, thoroughfare
plan, flood plain, the trail system plan and how it relates to the area, utility relocation on
Dove Road and the requirement to place the utilities underground.
Town Manager Brymer advised the Board that information regarding the density of the
area, open space, and the impact to the remainder of PD 3-3 will be prepared by the
applicant and presented to the Planning and Zoning Commission and the Board of
Aldermen at their next respective meetings.
Mayor Bradley opened the public hearing.
There was no one present wishing to address the Board regarding the case.
Town Manager Brymer reminded the Board that the Planning and Zoning Commission
will continue the public hearing at a called meeting on May 8, 2008, at 7:00 p.m.
MOTION: Alderman Corson made a motion to continue the public hearing to May
19, 2008, at 7 p.m. Alderman Timmerman seconded the motion. The
motion carried by a vote of 5-0.
5. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE
APPROVING AN APPLICATION FOR AN AMENDMENT TO THE
COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE,
TEXAS, BY REMOVING APPROXIMATELY 10.22 ACRES FROM PLANNED
DEVELOPMENT 3-PLANNING AREA 8 (PD 3-8) AND REZONING THAT
ACREAGE TO BE CALLED PLANNED DEVELOPMENT 3-PLANNING AREA
10 (PD 3-10); AUTHORIZING OFFICE AND RETAIL USES; DEFINING
CERTAIN TERMS; DESCRIBING AND INTERPRETING THE PD CONCEPT
PLAN, REGULATING PERMITTED USES, HEIGHT, LOT SIZES, BUILDING
LINES, TOTAL FLOOR AREA, PARKING, LOADING AND OTHER
DEVELOPMENT STANDARDS; LANDSCAPING, FLOOD PLAIN, AND
DRAINAGE; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL
ZONING MAP; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN
EFFECTIVE DATE.
Town Manager Brymer presented the case to the Board and advised that the case includes
the rezoning of approximately 10.22 acres currently located within PD 3-8, south of SH
170 and east of SH 377. Mr. Brymer advised that the density of the area will not be
impacted and there are no changes in the permitted uses; however the applicant is
requesting changes to the proposed regulations. Mr. Brymer advised the Board that the
Planning and Zoning Commission considered the case on April 24, 2008, and
unanimously recommended approval of the case and the proposed regulations.
Mr. Joe Schneider, Vice President of Land Development for Hillwood Properties,
representing the applicant was present to address questions from the Board.
Director of Planning and Development Edwards reviewed the proposed zoning
requirement changes as related to 1) lot size and width; 2) setbacks; 3) sign standards; 4)
landscape development standards; 5) parking lot landscaping; and 6) lighting standards.
Discussion ensued with regard to the proposed requirement changes, specifically as they
relate to the number and size of trees and the number and size of the proposed signs.
Director of Planning and Development Edwards advised the Board that the proposed
number, location, and size of signs can be reviewed with the submittal of the site plan.
Alderman Corson advised the Board that, through a request of the chairperson of the
public art committee, the Commission requested the applicant explore opportunities for
public art sites on the tract and/or opportunities to incorporate public art in the signage as
they work through the site plan process.
Town Manager Brymer advised the Board that he raised the issue of four sided
architecture at the Planning and Zoning Commission meeting and it was agreed that the
applicant would be sensitive to four sided architecture.
Alderman Corson inquired if the proposed sign regulations would become part of the
ordinance.
Town Attorney Lowry responded that, if desired by the Board, the proposed sign
regulations could be included in the ordinance.
Mr. Joe Schneider, Hillwood Development, addressed the Board regarding the rationale
on the number and type of signs. Mr. Schneider stated that the determinations regarding
signage have been based on the location and the square footage of the buildings, and
stated that the signs will include architectural elements.
Alderman Corson requested the proposed sign regulations be made a part of the
ordinance and requested that staff pay close attention to changes that may be presented in
the site plan process relative to proposed signage.
Mayor Bradley opened the public hearing.
There being no one wishing to speak, Mayor Bradley closed the public hearing and asked
for a motion.
MOTION: Alderman Corson made a motion to adopt Ordinance No. 592, amending
the comprehensive zoning ordinance of the Town of Westlake, Texas by
removing approximately 10.22 acres from the PD 3-8 planning area and
rezoning that acreage to PD 3-10 with the condition that both grids
submitted as exhibits to the case be attached to the ordinance. Alderman
Maynard seconded the motion. The motion carried by a vote of 5-0.
6. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE APPROVING
AN APPLICATION FOR AN AMENDMENT TO THE COMPREHENSIVE ZONING
ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, BY REMOVING
APPROXIMATELY 10.82 ACRES FROM PLANNED DEVELOPMENT 3-
PLANNING AREA 9 (PD 3-9) AND REZONING THAT ACREAGE TO BE CALLED
PLANNED DEVELOPMENT 3-PLANNING AREA 11 (PD 3-11); AUTHORIZING
OFFICE AND RETAIL USES; DEFINING CERTAIN TERMS; DESCRIBING AND
INTERPRETING THE PD CONCEPT PLAN, REGULATING PERMITTED USES,
HEIGHT, LOT SIZES, BUILDING LINES, TOTAL FLOOR AREA, PARKING,
LOADING AND OTHER DEVELOPMENT STANDARDS; LANDSCAPING, FLOOD
PLAIN, AND DRAINAGE; PROVIDING FOR THE AMENDMENT OF THE
OFFICIAL ZONING MAP; PROVIDING A SAVINGS CLAUSE; AND DECLARING
AN EFFECTIVE DATE.
Town Manager Brymer presented the case to the Board and advised that the case includes
the rezoning of approximately 10.82 acres currently located within PD 3-9, north of State
Highway 170 and east of State Highway 377. Mr. Brymer advised that there are no
changes in the permitted uses; however the applicant is requesting changes to the
proposed regulations. Mr. Brymer advised the Board that the Planning and Zoning
Commission considered the case on April 24, 2008, and unanimously recommended
approval of the case and the proposed regulations.
Mr. Joe Schneider, Vice President of Land Development for Hillwood Properties,
representing the applicant was present to address questions from the Board.
Discussion ensued with regard to the number of proposed monument signs and the type
of retailers who would occupy the space.
Mr. Schneider stated that Hillwood has held discussions with several potential retailers,
including a convenience store with fuel operations, drive-thru and sit down restaurants, as
well as medical offices. Additionally, Mr. Schneider added that Hillwood is not asking
for more signage than currently allowed, but for a larger sign.
Mayor Bradley opened the public hearing.
There being no one requesting to speak, Mayor Bradley closed the public hearing
MOTION: Alderman Maynard made a motion to adopt Ordinance No. 593,
amending the comprehensive zoning ordinance by removing
approximately 10.82 acres from PD 3-9 and rezoning that acreage to be
called PD 3-11, with the stipulation that the number of signs will be
determined at the time of the site plan by the Board of Aldermen and the
language will be inserted in the ordinance. Mayor Pro Tem Redding
seconded the motion. The motion carried by vote of 5-0.
7. HEAR A STATUS REPORT ON CONSTRUCTION OF THE WESTLAKE ARTS
AND SCIENCES CENTER AND PRELIMINARY PLANS REGARDING A
GROUNDBREAKING CEREMONY.
Facilities and Recreation Director Meyer addressed the Board regarding the item. Mr.
Meyer advised the Board of the following:
- Bids will be received for the relocation of utilities associated with the
construction of the Arts and Sciences center and the contract will be placed
before the Board at the May 5, 2008, meeting.
- Staff is currently negotiating with Steele and Freeman, Inc. to serve as the
contractor at-risk for the project, and staff will present the agreement to the
Board at the May 5, 2008, meeting for consideration.
- A groundbreaking ceremony is proposed for June 4, 2008, for the Arts and
Sciences center project. The total cost is not expected to exceed $1,000.
8. CONSENT AGENDA.
Mayor Bradley introduced the item and asked for a motion.
A. Review and approve minutes of the Board of Aldermen pre-board and regular
meetings held on April 14, 2008.
B. Review and approve minutes of the Joint Regional Meeting held on March 12, 2008.
C. Review and approve any outstanding bills.
MOTION: Alderman Steger made a motion to approve the consent agenda as
presented. Alderman Maynard seconded the motion. The motion carried
by a vote of 5-0.
9. EXECUTIVE SESSION.
Mayor Bradley recessed the regular session of the Town of Westlake Board of Aldermen
meeting at 9:29 p.m., as he read the following item to be discussed in executive session:
A. The Board will conduct a closed session under Texas Government Code section
551.087, Deliberations regarding Economic Development Negotiations,
specifically the Economic Development agreement with Deloitte, LLP.
Mayor Bradley convened the executive session at 9:30 p.m. The executive session
adjourned at 10:28 p.m.
Mayor Bradley reconvened the regular meeting at 10:29
Following executive session, the following motion was made:
MOTION: Alderman Corson made a motion to approve a revision to the economic
development agreement between the Town of Westlake and Deloitte, LLP
(Resolution 08-19, 3-24-08), Section 10. Tax Abatement (B) to read as
follows: The term of the tax abatement for each Qualified Facility shall
extend for a period of ten (10) years from the date of issuance of the Final
Certificate of Occupancy for the Qualifying Facility. Alderman
Timmerman seconded the motion. The motion carried by a vote of 4-0
(Alderman Steger was excused from the meeting at 10:25 p.m. and was
not present for the vote.)
10. ADJOURNMENT.
There being no further business, Mayor Bradley adjourned the meeting at 10:35 p.m.
APPROVED BY THE BOARD OF ALDERMEN ON MAY 19, 2008.
__________________________________________
Scott Bradley, Mayor
ATTEST:
____________________________________
Kim Sutter, TRMC, Town Secretary
Item #4 Consent Agenda “B”
TOWN OF WESTLAKE, TEXAS
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
BOARD OF ALDERMEN WORKSHOP
MAY 5, 2008
PRESENT: Mayor Scott Bradley and Aldermen Larry Corson (arrived at 4:17), Kevin
Maynard, Don Redding, and Pete Steger.
ABSENT: Alderman Bob Timmerman.
STAFF PRESENT: Town Manager Thomas Brymer, Town Attorney Stan Lowry,
Town Secretary Kim Sutter, Director of Planning and
Development Eddie Edwards, Facilities and Recreation Director
Troy Meyer, and Public Works Superintendent Jarrod Greenwood.
1. CALL TO ORDER.
Mayor Bradley called the pre-board meeting to order at 3:12 p.m.
2. DISCUSS PROPOSED AMENDMENTS TO THE OIL & GAS WELLS
ORDINANCE.
Town Manager Brymer reminded the Board that at the April 28, 2008, workshop, the
Board was presented a list of policy options and the Board selected the following policy
option with regard to the proposed Oil/Gas Drilling and Pipeline ordinance:
• Allow oil/gas operations in all zoning districts by SUP with more stringent
site operation and application technical standards that include 1,000 feet
spacing from structures.
Town Manager Brymer reviewed the following sections of the draft ordinance. Town
Manager and Board member comments are listed with the respective section:
Topic Comments
On Site Operation Requirements
o On-site chemical and hazardous
material storage;
o Prohibiting salt water or other
disposal wells;
o Remotely monitored access control
system requirements;
o Requirement for security camera.
o Suggested be associated with
inspection or periodic reporting
requirements.
o Disposal wells are prohibited in Town.
o Possibility of having Keller Police
Department or Fire Department
monitor.
Operations and Equipment Practices
and Standards
o Requirement to prevent and control
offensive odor, noise, dust, fumes,
and vibrations;
o Lighting controls and standards;
o Noise regulations monitoring with
1,000 feet of protected uses as well
as requirement for a noise
management plan;
o Noise management measures as
well as production of compression
facilities in the Town.
o Compression facility is prohibited in
Town.
Reworking of well notice
o 30 days versus 20 days notice. o Is 20 days adequate?
Supplement Drilling
o Directional drilling of a well not
abandoned (adequate language?)
o Audience member advised that
horizontally drilling typically does not
exceed 1 ½ miles.
Abandonment of Wells and Pipelines
o Requirement to plug and clean site
within 60 days of abandonment;
o New permit required to drill
abandoned well.
o What is the Railroad Commissions
definition of Abandonment?
o New permit required to redrill
abandoned well.
Remedies of Town Add additional remedy to include other
remedies as allowed by law. (Health,
safety, and welfare concerns).
Variance
o Granted by Board of Aldermen o Board to decide procedures.
o Counsel to analyze difference between
variance and SUP and harmonize if
difference.
Oil and Gas Pipeline Standards
o General requirements and
Minimum Design Standards
- No pipeline permit without SUE
for wells in Town;
- Requirements for such
pipelines.
- Impact future land platted for
residential use;
- Insurance requirements – are
they adequate?
Following the discussion, Alderman Corson expressed his support for the Board to utilize
a logical, sequential process for reviewing the ordinance as he has concerns with 1)
working off another town’s document and the possibility of overlooking issues that are
not addressed in the ordinance; and 2) the policy issue as gas well drilling is a highly
technical issue that has a high priority in terms of land use.
Aldermen Corson and Redding expressed their desire to seek input from an oil and gas
expert to review the ordinance.
Alderman Maynard stated the he would support receiving input from someone who does
not have a vested interest in the Town and cannot gain from the adoption of the
ordinance.
Discussion ensued with regard to the advantages and disadvantages of adopting the
ordinance at this time and revising at a later date as situations arise.
Mayor Pro Tem Redding expressed his desire to have someone review and explain the
various sections and the impact of each.
Mayor Bradley suggested that personnel from the cities of Southlake and Keller be asked
to provide input on the content of the ordinance based on their experiences.
Alderman Corson restated his desire to have staff prepare a timeline for revising the
ordinance.
Town Manager Brymer advised the Board that he would estimate a 60 to 90 day
timeframe for staff to thoroughly conduct the necessary research related to land use and
technical review and present the recommendations to the Board.
3. REVIEW OF REGULAR AGENDA ITEMS.
This item was not discussed.
4. ADJOURNMENT.
There being no further business to come before the Board, Mayor Bradley declared the
pre-board meeting adjourned at 5:50 p.m.
APPROVED BY THE BOARD OF ALDERMEN ON MAY 19, 2008.
____________________________________
Scott Bradley, Mayor
ATTEST:
__________________________________
Kim Sutter, TRMC, Town Secretary
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
BOARD OF ALDERMEN REGULAR MEETING
May 5, 2008
PRESENT: Mayor Scott Bradley and Aldermen Larry Corson, Kevin Maynard, Don Redding,
Pete Steger, and Bob Timmerman.
ABSENT: None.
OTHERS PRESENT: Town Manager Tom Brymer, Town Attorney Stan Lowry, Town
Secretary Kim Sutter, Finance Director Debbie Piper, Facilities
and Recreation Director Troy Meyer, Public Works Superintendent
Jarrod Greenwood, and Assistant to the Town Manager Ginger
Awtry.
1. CALL TO ORDER.
Mayor Bradley called the meeting to order at 7:05 p.m.
2. CITIZENS' PRESENTATIONS.
Mr. Rick Rennhack, 1762 Hidden Springs, Westlake, addressed the Board regarding gas
well drilling setbacks, and presented the Board a petition in support of a non-negotiable
minimum distance of 1,000 feet from any approved drill site to the nearest residential
dwelling, and 1,500 feet from a drill site to the nearest school, hospital, or church.
Mr. Stephen Thornton, 13187 Thornton Drive, Westlake, presented the Board with his
“Gas Lease Proposal for Stagecoach Farm.
3. CONSIDER A RESOLUTION AUTHORIZING AN AGREEMENT WITH
STEELE & FREEMAN, INC. FOR CONSTRUCTION MANAGER AT-RISK
SERVICE FOR THE WESTLAKE ARTS AND SCIENCES CENTER BUILDING
PROJECT LOCATED ON THE WESTLAKE CIVIC CAMPUS.
Facilities and Recreation Director Meyer addressed the Board regarding the item. Mr.
Meyer advised the Board that eight (8) responses to the RFQ’s were received, and three
(3) were chosen for consideration by the Building Committee. Mr. Meyer advised the
Board that the Building Committee is recommending the selection of Steele and
Freeman, Inc. to serve as the construction manager at-risk for the project.
Alderman Corson inquired as to the impact to the estimated construction cost of $3.5
million and at what point a decision would be made with regard to pouring the entire
foundation for the project as well as the science portion of the building.
Facilities and Recreation Director Meyer responded that the cost of services is well
within the $3.5M estimate. Mr. Meyer stated that the contractor will meet with the
architect and should be able to provide a firm estimate by the end of the month.
Additionally, Mr. Meyer advised the Board that a decision to pour the entire foundation
cannot be made at this time.
Mayor Pro Tem Redding stated that based on discussions of the Building Committee, the
intent is to find a means to accomplish the pouring of the entire foundation during the
first phase.
MOTION: Alderman Corson made a motion to approve Resolution No. 08-25,
authorizing an agreement with Steele & Freeman, Inc. for construction
manager at-risk services for the Westlake Arts and Sciences Center
building project located on the Westlake Civic Campus. Alderman
Maynard seconded the motion. The motion carried by a vote of 5-0.
4. CONSIDER A RESOLUTION AUTHORIZING AN AGREEMENT WITH
NORTH TEXAS CONTRACTING, INC. FOR THE RELOCATION OF
APPROXIMATELY 1,400 LF WATER AND 710 LF SANITARY SEWER LINES
AS INCLUDED IN THE CONTRACT.
Facilities and Recreation Director Meyer addressed the Board regarding the item and
stated that the Town is serving as the general contractor. Mr. Meyer advised the Board
that the relocation is necessary to accommodate the addition of the Arts and Sciences
center building and will also facilitate future expansion of the Academy. Mr. Meyer
added that the chosen contractor was the low bidder.
Mr. Meyer explained that North Texas Contracting, Inc. will remove the gas line and
Atmos will install the new gas line.
MOTION: Alderman Steger made a motion to approve Resolution No. 08-26,
authorizing an agreement with North Texas Contracting, Inc. for the
relocation of approximately 1,400 LF water and 710 LF sanitary sewer
lines. Mayor Pro Tem Redding seconded the motion.
Alderman Corson complimented Mr. Meyer for his efforts related to the project.
VOTE ON
MOTION: The motion carried by a vote of 5-0.
5. CONSIDER A RESOLUTION AUTHORIZING THE TOWN MANAGER TO
ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF FORT
WORTH FOR THE ENVIRONMENTAL COLLECTION CENTER AND
HOUSEHOLD HAZARDOUS WASTE PROGRAM.
Public Works Superintendent Greenwood addressed the Board regarding the item.
Alderman Corson asked that staff provide adequate notice to residents regarding any
town wide clean up events.
MOTION: Mayor Pro Tem Redding made a motion to approve Resolution No. 08-
27, authorizing the Town Manager to enter into an interlocal agreement
with the City of Fort Worth for the environmental collection center and
household hazardous waste program. Alderman Maynard seconded the
motion. The motion carried by a vote of 5-0.
6. DISCUSS AND CONSIDER RECOGNITION FOR OUTGOING PUBLIC
OFFICIALS.
Town Manager Tom Brymer addressed the Board regarding the item, and requested the
Board authorize staff to arrange for the appropriate recognition of outgoing public
officials.
MOTION: Alderman Corson made a motion to consider recognition for any outgoing
public officials. Alderman Steger seconded the motion. The motion
carried by a vote of 5-0.
7. CONSIDER A RESOLUTION RATIFYING THE ACCEPTANCE AND
EXECUTION OF AN AGREEMENT WITH AKIN GUMP STRAUSS HAUER &
FELD, LLP FOR LEGISLATIVE SERVICES RELATED TO THE ACADEMY.
Town Manager Brymer addressed the Board regarding the item, and advised the Board
that funding for this item has not be included in the FY 2007-2008 budget.
Discussion ensued regarding the agreement, and the Board expressed concern with what
appeared to be a duplication of services with a current contract with Akin Gump.
Town Manager Brymer advised that he would meet with a representative from the firm to
obtain more information regarding the agreement and scope of duties.
MOTION: Alderman Corson made a motion to table this item. Alderman Steger
seconded the motion. The motion carried by a vote of 5-0.
8. CONSIDER A RESOLUTION RATIFYING THE ACCEPTANCE AND
EXECUTION OF AN AGREEMENT WITH CAROLYN M. MARSHALL, CPA
TO PERFORM A UTILITY RATE STUDY.
Town Manager Brymer addressed the Board regarding the item, and advised that staff is
recommending approval of the item.
MOTION: Mayor Pro Tem Redding made a motion to approve Resolution No. 08-
29, ratifying the acceptance and execution of an agreement with Carolyn
M. Marshall, CPA to perform a utility rate study. Alderman Corson
seconded the motion.
Alderman Corson inquired to the original purpose of the study.
Town Manager Brymer responded that a utility rate study evaluates the cost of service
and determines if rates should be adjusted in the next fiscal year.
Public Work Superintendent Greenwood advised the Board that a preliminary report has
been provided to the Town and does indicate deficiencies in the revenue stream;
however, a final report will be provided at a later date. Mr. Greenwood advised the
Board that a study was performed by Graham and Associates and resulted in a rate
decrease in 2004.
Town Manager Brymer advised the Board that a rate study is typically conducted every
two to three years to determine if municipalities are recovering cost of service. The
results of the final study will be shared with Board during budget process.
VOTE ON
MOTION: The motion carried by a vote of 5-0.
9. CONSENT AGENDA.
Mayor Bradley introduced the item and asked for a motion.
A. Review and approve any outstanding bills.
MOTION: Alderman Corson made a motion to approve the consent agenda as
presented. Alderman Steger seconded the motion. The motion carried by
a vote of 5-0.
10. ADJOURNMENT.
There being no further business, Mayor Bradley adjourned the meeting at 7:52 p.m.
APPROVED BY THE BOARD OF ALDERMEN ON MAY 19, 2008.
__________________________________________
Scott Bradley, Mayor
ATTEST:
____________________________________
Kim Sutter, TRMC, Town Secretary
Town of
Westlake
Item # 4 C – Review
and Approve Any
Outstanding Bills
Please see
attachment below
See Attachments for
information on this item.
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Kim Sutter, Town Secretary
Subject: Regular Meeting of May 19, 2008 – Item #5
Date: May 8, 2008
ITEM
Consider and Ordinance canvassing the returns and declaring the results of the General and
Special elections held on May 10, 2008.
BACKGROUND
In accordance with the Texas Election Code Section 67.003 (b), results of the May 10, 2008,
general and special elections are to be canvassed not later than the 11th day after Election Day
(May 21, 2008).
The election results indicate the election of a Mayor and two (2) Aldermen to terms expiring
May 2010, and the election of one (1) Alderman to a term expiring May 2009. (see attached
ordinance for election results).
FUNDING
No impact to the budget.
TOWN OF WESTLAKE
ORDINANCE NO. 594
AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF
THE GENERAL ELECTION HELD ON MAY 10, 2008, FOR THE ELECTION OF A
MAYOR AND TWO (2) ALDERMEN, AND THE SPECIAL ELECTION HELD ON MAY
10, 2008, FOR THE ELECTION OF ONE (1) ALDERMEN TO AN UNEXPIRED TERM.
WHEREAS, the general election of 2008 was duly called and held in the Town of Westlake,
Texas on the 10th day of May 2008, for the purpose of electing a Mayor and two (2) Aldermen to
serve terms of two-years; and
WHEREAS, a special election was duly called and held in the Town of Westlake, Texas on
the 10th day of May 2008, for the purpose of electing one (1) Alderman to serve an unexpired term;
and
WHEREAS, it is hereby found and determined that notice of the elections were duly given
in the form, manner and time required by law, and said elections were in all respects legally held and
conducted in accordance with applicable laws of the State of Texas and the proceedings governing
the holding of such elections; and
WHEREAS, such canvass shows the following results:
Mayor Number of Votes
Laura Wheat 141
Total Votes Cast 141
Aldermen Number of Votes
Tim Brittan 117
Kevin Maynard 85
Peter Steger 79
Rebecca Rollins 125
Total Votes Cast 406
Aldermen Number of Votes
Carol K. Langdon 127
Total Votes Cast 127
THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1: RECITALS FOUND TRUE. All of the recitals contained in the preamble of
this ordinance are found to be true and are adopted as findings of fact and a part of this Board of
Aldermen’s judgment.
SECTION 2: ELECTION CANVASSED AND DECLARED EFFECTIVE. It is further
found and determined that the results of the election are as canvassed and tabulated in the preamble
hereof and in Exhibit “A” attached hereto. The Board further finds the following:
GENERAL ELECTION
Laura Wheat has been elected as Mayor to a term expiring May 2010
Tim Brittan has been elected as Alderman to a term expiring May 2010
Rebecca Rollins has been elected as Alderwoman to a term expiring May 2010
SPECIAL ELECTION
Carol K. Langdon has been elected as Alderwoman to a term expiring May 2009
SECTION 3: TOWN SECRETARY TO RECORD ELECTION RESULTS. The Town
Secretary is hereby authorized and directed to make the appropriate entries of information appearing
in the tabulation of precinct results shown in Exhibit “A” attached hereto in the election register
maintained by the Town in accordance with provisions of Section 67.006 of the Election Code.
SECTION 4: EFFECTIVE DATE. This ordinance shall be effective upon its adoption.
PASSED AND APPROVED THIS 19 DAY OF MAY 2008
APPROVED:
_____________________________
Scott Bradley, Mayor
ATTEST:
_______________________________ ______________________________
Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED:
______________________________
L. Stanton Lowry, Town Attorney
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Kim Sutter, Town Secretary
Subject: Regular Meeting of May 19, 2008 – Item #6
Date: May 8, 2008
ITEM
Administer Oaths of Office to newly elected officials.
BACKGROUND
Following the canvassing of the election results, the officer must file a Statement of Elected
Officer and be administered an Oath of Office (Tex. Constitution, Art. XVI, § 1) before
assuming the duties of office.
FUNDING
No impact to the budget.
Town of
Westlake
Item #7
Back up material has not been
provided for this item.
Town of
Westlake
Item #8
Back up material has not been
provided for this item.
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Eddie Edwards, Director of Planning and Development
Subject: Regular meeting of May 19, 2008 – Item #9
Date: May 9, 2008
ITEM
Continue a Public Hearing and consider an ordinance approving an application for an amendment to
the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, by removing approximately
107 acres from Planned Development 3-Planning Area 3 (PD 3-3) and rezoning that acreage to be
called Planned Development 3-Planned Area 12 (PD 3-12).
BACKGROUND
For review, the applicant desires to rezone approximately 107 acres generally located North of Dove
Road and East of Ottinger. This property is currently zoned within PD 3-3, which means it is part of
“Planning Area 3” of the “Planned Development 3” zoning district. The subject property is
surrounded by property owned by the applicant. The surrounding property to the North and to the
East is zoned PD 3-3, the property to the West is zoned R-2, and South boundary is bordered by
Dove Road with R-5 zoning across the road. By amending the boundaries of PD 3-3, the planning
area is reduced to approximately 257 acres. However, the entitlements including the allowable
number of houses, square feet of resort hotel and the square feet of office use are not changed. Thus
allowing the exact same potential square footage of structures previously approved for
approximately 365 acres, to be constructed on the remaining approximate 257 acres. The newly
created planning area PD 3-12 (Planning Area 12 of Planned Development 3) has been specifically
tailored to accommodate the proposed conference and education center, possible data center and
their associated uses. The height increase requested is similar to that recently approved for the PD-1
(Maguire-Solana) planning district. The residential slope requirements are being changed from 5:1
to 4:1.
At the regularly scheduled meeting of April 24, 2008, the P&Z Commission voted unanimously
for a continuation of the Public Hearing until May 8, 2008 at 7:00 pm. Although the meeting
continuation was requested by the applicant in order to allow more time for the completion of a
traffic impact analysis, the Commission expressed several concerns as well and asked for
additional information. The areas of concern are:
• additional information concerning the impact to density for the remaining 257 acres
within PD 3-3
• current use plans and design for the remaining PD 3-3 area along with types and
percentages of open space
• information in the traffic impact analysis for JT Ottinger Road and Dove Road and what
that means for the school, bridges, increased traffic areas, etc.
The Board of Aldermen met on Monday, April 28, 2008 for their regularly scheduled meeting
and also voted unanimously to continue the Public Hearing until May 19, 2008 at 7:00 pm.
Additionally, the Board expressed the same concerns noted above by the Commission.
P&Z Update
The Planning and Zoning Commission did meet at 7:00 pm on Thursday, May 8th to continue the
Public Hearing for this case and voted unanimously for another continuation to be held
Thursday, May 22, 2008 at 7:00 pm. The applicant asked for the additional continuance in order
to obtain more information and conduct additional investigations relating to several site access
options.
ACTION REQUESTED
It is necessary that the Board of Aldermen also continue the Public Hearing to a future date (regular
Board meeting of Monday, June 9th, 2008) in order to allow the additional time requested by the
applicant.
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Tom Brymer, Town Manager
Debbie Piper, Finance Director
Subject: Regular Meeting of June 19, 2008 – Item #10
Date: May 12, 2008
ITEM
Consider adoption of an ordinance authorizing the issuance and sale of the Town's General
Obligation Bonds, Series 2008 in the amount of $2,5M for the construction and associated costs
of the Arts and Sciences Center.
RECOMMENDATIONS
Staff recommends approval.
BACKGROUND
On November 7, 2007 the citizens of Westlake approved the sale of General Obligation bonds in
the amount of $2.5 million for the construction and associated costs of the Arts and Sciences
Center. Because of the current cost of insurance and the small issue amount, our financial
advisor, Jason Hughes with First Southwest, recommended we consider a “private placement”.
The “Private Placement Term Sheet and Bid Form” was released on Friday, May 9th and the
submission deadline is 10:00 A.M. on Friday, May 16th. Two separate bids were requested
regarding the call date of the bonds; one year and ten year. The bids will be brought to the Board
of Aldermen at the May 19th meeting for review and the sale will be awarded to the bidder which
provides the lowest bid based on lowest interest and all associated costs.
Annual payments of principal will be made beginning May 1, 2009 through May 1, 2028, with
semiannual payments beginning November 1, 2008 and on each May 1 and November 1
thereafter until maturity. It is anticipated that the Bonds will be delivered on Thursday, June
19, 2008.
FUNDING
Annual payments will be approximately $190,000-$195,000 for 20 years. We anticipate making
these payments from the Visitors Association Fund using the revenue collected from hotel/motel
tax. The average annual revenue for these taxes equals $400,000. It is anticipated that annual
revenues over expenditures in this fund will accommodate this payment.
TOWN OF WESTLAKE
ORDINANCE NO. 595
AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF TOWN OF
WESTLAKE, TEXAS, GENERAL OBLIGATION BOND, SERIES 2008; PROVIDING
FOR THE SECURITY FOR AND PAYMENT OF SAID BOND; PROVIDING AN
EFFECTIVE DATE; AND ENACTING OTHER PROVISIONS RELATING TO THE
SUBJECT
THE STATE OF TEXAS
COUNTIES OF TARRANT AND DENTON
TOWN OF WESTLAKE
'
'
'
WHEREAS, by virtue of an election held within the Town of Westlake, Texas ("the
Issuer") on November 6, 2007, this Board of Aldermen became authorized to issue, sell and
deliver the general obligation bonds of the Issuer constructing and equipping a building and
related improvements to be used for a civic center and for science classrooms and laboratories
for the Westlake Academy;
WHEREAS, this Board of Aldermen finds and determines that it is necessary and proper
to order the issuance, sale and delivery of such voted bonds;
WHEREAS, the Bond hereinafter authorized to be issued was voted and is to be issued,
sold and delivered pursuant to the general laws of the State of Texas, including Texas
Government Code, Chapters 1251 and 1331, as amended; and
WHEREAS, it is officially found, determined, and declared that the meeting at which this
Ordinance has been adopted was open to the public and public notice of the time, place and
subject matter of the public business to be considered and acted upon at said meeting, including
this Ordinance, was given, all as required by the applicable provisions of Tex. Gov't. Code Ann.
ch. 551; Now, Therefore
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE,
TEXAS:
Section 1. RECITALS, AMOUNT AND PURPOSE OF THE BOND. The recitals set
forth in the preamble hereof are incorporated herein and shall have the same force and effect as if
set forth in this Section. The Bond of the Town of Westlake, Texas (the "Issuer") is hereby
authorized to be issued and delivered in the aggregate principal amount of $2,500,000 for the
purpose of constructing and equipping a building and related improvements to be used for a civic
center and for science classrooms and laboratories for the Westlake Academy (collectively, the
"Project").
Section 2. DESIGNATION, DATE, DENOMINATION, NUMBER, AND MATURITY
OF BOND.
38
(a) Each Bond issued pursuant to this Ordinance shall be designated: "TOWN OF
WESTLAKE, TEXAS, GENERAL OBLIGATION BOND, SERIES 2008," and there shall be
issued, sold, and delivered hereunder one fully registered Bond, without interest coupons, dated
May 15, 2008, in the denomination and principal amount of $2,500,000, numbered R-1, with any
Bond issued in replacement thereof being in the denomination of the full principal amount of the
series of which the Bond is issued, and numbered consecutively from R-2 upward, payable in
installments to the registered owner thereof, or to the registered assignee of said Bond (in each
case, the "Registered Owner"). Principal of said Bond shall mature and be payable in
installments on the dates and in the amounts stated in the FORM OF BOND set forth in this
Ordinance. The Bond shall bear interest on the unpaid balance of the principal amount thereof
from the date of delivery to the scheduled due date, or date of prepayment or redemption prior to
the scheduled due date, of the principal installments of the Bond at the rate of interest stated in
the FORM OF BOND set forth in this Ordinance. Said interest shall be payable in the manner
provided and on the dates stated in the FORM OF BOND set forth in this Ordinance.
(b) The term "Bond" as used in this Ordinance shall mean and include collectively the
Bond initially issued and delivered pursuant to this Ordinance and any substitute Bond
exchanged therefor, as well as any other substitute or replacement Bond issued pursuant hereto,
and the term "Bond" shall mean any such Bond.
Section 3. CHARACTERISTICS OF THE BOND.
(a) Registration. The Issuer shall keep or cause to be kept at the principal corporate trust
office of _________________________, __________, __________, the "Paying
Agent/Registrar"), books or records for the registration of the transfer and exchange of the Bond
(the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its
registrar and transfer agent to keep such books or records and make such registrations of
transfers and exchanges under such reasonable regulations as the Issuer and Paying
Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such registrations,
transfers and exchanges as herein provided within three days of presentation in due and proper
form. The Paying Agent/Registrar shall obtain and record in the Registration Books the address
of the Registered Owner of the Bond to which payments with respect to the Bond shall be
mailed, as herein provided; but it shall be the duty of each Registered Owner to notify the Paying
Agent/Registrar in writing of the address to which payments shall be mailed, and such interest
payments shall not be mailed unless such notice has been given. The Issuer shall have the right
to inspect the Registration Books during regular business hours of the Paying Agent/Registrar,
but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and,
unless otherwise required by law, shall not permit their inspection by any other entity. The
Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making
such registration, transfer, exchange and delivery of a substitute Bond. Registration of
assignments, transfers and exchanges of Bond shall be made in the manner provided and with the
effect stated in the FORM OF BOND set forth in this Ordinance. Each substitute Bond shall bear
a letter and/or number to distinguish it from each other Bond.
(b) Authentication; Transfer and Exchange. Except as provided in subsection (f) of this
Section, an authorized representative of the Paying Agent/Registrar shall, before the delivery of
any such Bond, date and manually sign said Bond, and no such Bond shall be deemed to be
issued or outstanding unless such Bond is so executed. No additional ordinances, orders, or
39
resolutions need be passed or adopted by the governing body of the Issuer or any other body or
person so as to accomplish the foregoing exchange of any Bond or portion thereof, and the
Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute
Bond in the manner prescribed herein. Pursuant to Chapter 1201, Government Code, as
amended, the duty of transfer of Bond as aforesaid is hereby imposed upon the Paying
Agent/Registrar, and, upon the execution of said Bond, the exchanged Bond shall be valid,
incontestable, and enforceable in the same manner and with the same effect as the Bond that
initially was issued and delivered pursuant to this Ordinance, approved by the Attorney General
and registered by the Comptroller of Public Accounts.
(c) Paying Agent/Registrar. The Issuer covenants with the Registered Owner of the
Bond that at all times while the Bond is outstanding the Issuer will provide a competent and
legally qualified bank, trust company, financial institution or other agency to act as and perform
the services of Paying Agent/Registrar for the Bond under this Ordinance, and that the Paying
Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option,
change the Paying Agent/Registrar upon not less than 20 days written notice to the Paying
Agent/Registrar, to be effective not later than 15 days prior to the next principal or interest
payment date after such notice. In the event that the entity at any time acting as Paying
Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or
otherwise cease to act as such, the Issuer covenants that promptly it will appoint a competent and
legally qualified bank, trust company, financial institution, or other agency to act as Paying
Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the
previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a
copy thereof), along with all other pertinent books and records relating to the Bond, to the new
Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying
Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new
Paying Agent/Registrar to the Registered Owner of the Bond, by United States mail, first-class
postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By
accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to
have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be
delivered to each Paying Agent/Registrar.
(d) Payment of Bond and Interest. The Issuer hereby further appoints the Paying
Agent/Registrar to act as the paying agent for paying the principal of and interest on the Bond,
all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all
payments made by the Issuer and the Paying Agent/Registrar with respect to the Bond and shall
properly and accurately record all payments on the Bond on the Registration Books, and shall
keep proper records of all exchanges of the Bond, and all replacements of the Bond, as provided
in this Ordinance. However, in the event of a nonpayment of interest on a scheduled payment
date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special
Record Date") will be established by the Paying Agent/Registrar, if and when funds for the
payment of such interest have been received from the Issuer. Notice of the past due interest shall
be sent at least five (5) business days prior to the Special Record Date by United States mail,
first-class postage prepaid, to the address of the Registered Owner appearing on the Registration
Books at the close of business on the last business day next preceding the date of mailing of such
notice.
40
(e) In General. The Bond (i) shall be issued in fully registered form, without interest
coupons, with the principal of and interest on such Bond to be payable only to the Registered
Owner thereof, (ii) may and shall be prepaid or redeemed prior to its scheduled maturity (notice
of which shall be given to the Paying Agent/Registrar by the Issuer at least 30 days prior to any
such redemption date), (iii) may be exchanged for another Bond, (iv) may be transferred and
assigned, (v) shall have the characteristics, (vi) shall be signed, sealed, executed and
authenticated, (vii) the principal of and interest on the Bond shall be payable, and (viii) shall be
administered and the Paying Agent/Registrar and the Issuer shall have certain duties and
responsibilities with respect to the Bond, all as provided, and in the manner and to the effect as
required or indicated, in the FORM OF BOND set forth in this Ordinance. The Bond initially
issued and delivered pursuant to this Ordinance is not required to be, and shall not be,
authenticated by the Paying Agent/Registrar, but on each substitute Bond issued in exchange for
any Bond issued under this Ordinance the Paying Agent/Registrar shall execute the PAYING
AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE, in the form set forth in the
FORM OF BOND.
(f) Delivery of Initial Bond. On the closing date, the Initial Bond representing the entire
principal amount of the Bond, payable to the Purchaser, executed by manual or facsimile
signature of the Mayor and Town Secretary, approved by the Attorney General of Texas, and
registered and manually signed by the Comptroller of Public Accounts of the State of Texas, and
with the date of delivery inserted thereon by the Paying Agent/Registrar, will be delivered to the
Purchaser.
Section 4. FORM OF BOND. The form of the Bond, including the form of Paying
Agent/Registrar's Authentication Certificate, the form of Assignment and the form of
Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be
attached to the Bond initially issued and delivered pursuant to this Ordinance, shall be,
respectively, substantially as follows, with such appropriate variations, omissions or insertions as
are permitted or required by this Ordinance.
(a) Form of Bond.
NO. R-
UNITED STATES OF AMERICA
STATE OF TEXAS
TOWN OF WESTLAKE, TEXAS
GENERAL OBLIGATION BOND
SERIES 2008
PRINCIPAL
AMOUNT
$2,500,000
Interest Rate Delivery Date
_________% _______________,
2008
REGISTERED OWNER:
_
______
41
______
______
______
______
______
______
______
_
PRINCIPAL AMOUNT: TWO MILLION FIVE HUNDRED THOUSAND DOLLARS
The Town of Westlake, Texas (the "Issuer"), being a political subdivision of the State of
Texas located in Tarrant and Denton County, for value received, promises to pay, from the
sources described herein, to the registered owner specified above, or registered assigns (the
"Registered Owner"), the principal amount specified above, and to pay interest thereon, from the
Delivery Date set forth above, on the balance of said principal amount from time to time
remaining unpaid, at the rate per annum set forth above, calculated on the basis of a 360-day year
of twelve 30-day months. The unpaid principal of this Bond shall mature and shall be payable in
installments on the dates and in the amounts set forth in the table below:
Payment
Date
Principal
Installments
Payment
Date
Principal
Installments
May 1, 2009
$ 85,000 May 1, 2019 $125,000
May 1, 2010
85,000May 1, 2020 130,000
May 1, 2011
90,000May 1, 2021 135,000
May 1, 2012
90,000May 1, 2022 140,000
May 1, 2013
95,000May 1, 2023 145,000
May 1, 2014
100,000May 1, 2024 150,000
May 1, 2015
105,000May 1, 2025 160,000
May 1, 2016
110,000May 1, 2026 165,000
May 1, 2017
115,000May 1, 2027 175,000
May 1, 2018
120,000May 1, 2028 180,000
THE PRINCIPAL OF AND INTEREST ON THIS BOND are payable in lawful money
of the United States of America, without exchange or collection charges. The Issuer shall pay
interest on this Bond on November 1, 2009 and on each May 1 and November 1 thereafter to the
date of maturity or redemption prior to maturity. The last principal installment of this Bond shall
be paid to the Registered Owner hereof upon presentation and surrender of this Bond at maturity,
or upon the date fixed for its redemption prior to maturity, at the principal office of
_________________________, __________, __________, which is the "Paying
Agent/Registrar" for this Bond. The payment of all other principal installments of and interest
on this Bond shall be made by the Paying Agent/Registrar to the Registered Owner hereof on
42
each principal and interest payment date by check or draft, dated as of such principal and interest
payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the
Issuer required by the Bond Ordinance to be on deposit with the Paying Agent/Registrar for such
purpose as hereinafter provided; and such check or draft shall be sent by the Paying
Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment
date, to the Registered Owner hereof, at its address as it appeared on the fifteenth day of the
month next preceding each such date (the "Record Date") on the Registration Books kept by the
Paying Agent/Registrar, as hereinafter described. In addition, principal and interest may be paid
by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and
expense of, the Registered Owner.
ANY ACCRUED INTEREST due in connection with the final installment of principal of
this Bond or upon redemption of this Bond in whole at the option of the Issuer prior to maturity
as provided herein shall be paid to the Registered Owner upon presentation and surrender of this
Bond for payment at the principal corporate trust office of the Paying Agent/Registrar. The
Issuer covenants with the Registered Owner of this Bond that on or before each principal
payment date and interest payment date for this Bond it will make available to the Paying
Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the
amounts required to provide for the payment, in immediately available funds, of all principal of
and interest on the Bond, when due.
IF THE DATE for the payment of the principal of or interest on this Bond shall be a
Saturday, Sunday, a legal holiday or a day on which banking institutions in the city where the
principal corporate trust office of the Paying Agent/Registrar is located are authorized by law or
executive order to close, then the date for such payment shall be the next succeeding day that is
not such a Saturday, Sunday, legal holiday or day on which banking institutions are authorized to
close; and payment on such date shall have the same force and effect as if made on the original
date payment was due.
THIS BOND is dated May 15, 2008, and authorized in accordance with the Constitution
and laws of the State of Texas in the principal amount of $2,500,000 for the purpose of
constructing and equipping a building and related improvements to be used for a civic center and
for science classrooms and laboratories for the Westlake Academy.
ON ______________________, or any date thereafter, the principal installments of this
Bond may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds
derived from any available and lawful source, as a whole, or in part, and, if in part, the particular
principal installments or portions thereof, to be redeemed shall be selected and designated by the
Issuer, at a redemption price equal to the principal amount to be redeemed plus accrued interest
to the date fixed for redemption.
AT LEAST 20 DAYS prior to the date fixed for any optional redemption of the Bond or
portions thereof prior to maturity a written notice of such redemption shall be sent by the Paying
Agent/Registrar by United States mail, first-class postage prepaid, to the Registered Owner of
the Bond at its address as it appeared on the Registration Books on the day such notice of
redemption is mailed; provided, however, that the failure of the Registered Owner to receive
such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity
or effectiveness of the proceedings for the redemption of this Bond. By the date fixed for any
43
such redemption, due provision shall be made with the Paying Agent/Registrar for the payment
of the required redemption price for the Bond or portions thereof which are to be so redeemed.
If such written notice of redemption is sent and if due provision for such payment is made, all as
provided above, the Bond or portions thereof which are to be so redeemed thereby automatically
shall be treated as redeemed prior to its scheduled maturity, and shall not bear interest after the
date fixed for redemption, and shall not be regarded as being outstanding except for the right of
the Registered Owner to receive the redemption price from the Paying Agent/Registrar out of the
funds provided for such payment.
UPON THE PAYMENT OR PARTIAL REDEMPTION of the outstanding principal
balance of this Bond, the Paying Agent/Registrar, shall note in the Payment Record appearing on
this Bond the amount of such payment or partial redemption, the date said payment was made
and the remaining unpaid principal balance of this Bond and shall then have said entry signed by
an authorized official of the Paying Agent/Registrar. The Paying Agent/Registrar shall also
record such information in the Bond Registration Books, and the Paying Agent/Registrar shall
also record in the Bond Registration Books all payments of principal installments on such Bond
when made on their respective due dates.
THE BOND OF THIS SERIES is issuable in the form of one fully-registered Bond
without coupons in the denomination of $2,500,000. This Bond may be transferred or
exchanged as provided in the Bond Ordinance, only upon the registration books kept for that
purpose at the above-mentioned office of the Paying Agent/Registrar upon surrender of this
Bond together with a written instrument of transfer or authorization for exchange satisfactory to
the Paying Agent/Registrar and duly executed by the Registered Owner or his duly authorized
attorney, and thereupon a new Bond of the same maturity and in the same aggregate principal
amount shall be issued by the Paying Agent/Registrar to the transferee in exchange therefor as
provided in the Bond Ordinance, and upon payment of the charges therein prescribed. The
Issuer and the Paying Agent/Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof for the purpose of receiving payment of, or on account
of, the principal or redemption price hereof and interest due hereon and for all other purposes.
The Paying Agent/Registrar shall not be required to make any such transfer or exchange (i)
during the period commencing with the close of business on any Record Date and ending with
the opening of business on the next following principal or interest payment date, or (ii) within 30
days prior to a redemption date.
IN THE EVENT any Paying Agent/Registrar for the Bond is changed by the Issuer,
resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that
it promptly will appoint a competent and legally qualified substitute therefor, and cause written
notice thereof to be mailed to the Registered Owner of the Bond.
THIS BOND shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Bond Ordinance until the Certificate of Authentication shall have
been executed by the Paying Agent/Registrar or the Comptroller's Registration Certificate hereon
shall have been executed by the Texas Comptroller of Public Accounts.
IT IS HEREBY certified, recited and covenanted that this Bond has been duly and validly
authorized, issued and delivered; that all acts, conditions and things required or proper to be
performed, exist and be done precedent to or in the authorization, issuance and delivery of this
44
Bond have been performed, existed and been done in accordance with law; and that annual ad
valorem taxes sufficient to provide for the payment of the interest on and principal of this Bond,
as such interest comes due and such principal matures, have been levied and ordered to be levied
against all taxable property in said Issuer, and have been pledged for such payment, within the
limit prescribed by law.
THE ISSUER HAS RESERVED THE RIGHT to amend the Bond Ordinance as provided
therein, and under some (but not all) circumstances amendments thereto must be approved by the
Registered Owner of the Bond.
BY BECOMING the Registered Owner of this Bond, the Registered Owner thereby
acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such
terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for
inspection in the official minutes and records of the governing body of the Issuer, and agrees that
the terms and provisions of this Bond and the Bond Ordinance constitute a contract between the
Registered Owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual
or facsimile signature of the Mayor of the Issuer and countersigned with the manual or facsimile
signature of the Town Secretary of said Issuer, and has caused the official seal of the Issuer to be
duly impressed, or placed in facsimile, on this Bond.
(signature) (signature)
Town Secretary Mayor
(SEAL)
(b) Form of Payment Record.
PAYMENT RECORD
Date of
Payment
Principal Payment
(amount and
installment(s) to
which payment is
applied)
Remaining
Principal
Balance
Name and Title of
Authorized Officer
making Entry
Signature of Authorized
Officer
45
(c) Form of Paying Agent/Registrar's Authentication Certificate.
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
(To be executed if this Bond is not accompanied by an executed Registration
Certificate of the Comptroller of Public Accounts of the State of Texas)
It is hereby certified that this Bond has been issued under the provisions of the Bond
Ordinance described in the text of this Bond; and that this Bond has been issued in replacement
of, or in exchange for, a Bond or Bonds of a series that originally was approved by the Attorney
General of the State of Texas and registered by the Comptroller of Public Accounts of the State
of Texas.
Dated: _______________. _________________________
__________, __________
Paying Agent/Registrar
By:______________________________
Authorized Representative
(d) Form of Assignment.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
__________________________________________________________________________.
(Please insert Social Security or Taxpayer Identification Number of Transferee)
__________________________________________________________________________
(Please print or typewrite name and address, including zip code, of Transferee.)
__________________________________________________________________________
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
______________________________, attorney, to register the transfer of the within Bond on the
books kept for registration thereof, with full power of substitution in the premises.
Dated: _______________.
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by
an eligible guarantor institution participating
in a securities transfer association recognized
signature guarantee program.
NOTICE: The signature above must
correspond with the name of the Registered
Owner as it appears upon the front of this Bond
in every particular, without alteration or
enlargement or any change whatsoever.
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(e) Form of Registration Certificate of the Comptroller of Public Accounts.
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. ___________
I hereby certify that this Bond has been examined, certified as to validity and approved
by the Attorney General of the State of Texas, and that this Bond has been registered by the
Comptroller of Public Accounts of the State of Texas.
Witness my signature and seal this _______________.
__________________________________________
Comptroller of Public Accounts of the State of
Texas
(COMPTROLLER'S SEAL)
Section 5. INTEREST AND SINKING FUND.
(a) A special "Interest and Sinking Fund" is hereby created and shall be established and
maintained by the Issuer at an official depository bank of said Issuer. Said Interest and Sinking
Fund shall be kept separate and apart from all other funds and accounts of said Issuer, and shall
be used only for paying the interest on and principal of said Bond. All ad valorem taxes levied
and collected for and on account of said Bond shall be deposited, as collected, to the credit of
said Interest and Sinking Fund. During each year while any of said Bond is outstanding and
unpaid, the governing body of said Issuer shall compute and ascertain a rate and amount of ad
valorem tax that will be sufficient to raise and produce the money required to pay the interest on
said Bond as such interest comes due, and to provide and maintain a sinking fund adequate to
pay the principal of said Bond as such principal matures (but never less than 2% of the original
amount of said Bond as a sinking fund each year); and said tax shall be based on the latest
approved tax rolls of said Issuer, with full allowances being made for tax delinquencies and the
cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby
ordered to be levied, against all taxable property in said Issuer, for each year while any of said
Bond is outstanding and unpaid, and said tax shall be assessed and collected each such year and
deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes
sufficient to provide for the payment of the interest on and principal of said Bond, as such
interest comes due and such principal matures, are hereby pledged for such payment, within the
limit prescribed by law. If lawfully available moneys of the Issuer are actually on deposit in the
Interest and Sinking Fund in advance of the time when ad valorem taxes are scheduled to be
levied for any year, then the amount of taxes that otherwise would have been required to be
levied pursuant to this Section may be reduced to the extent and by the amount of the lawfully
available funds then on deposit in the Interest and Sinking Fund.
(b) Chapter 1208, Government Code, applies to the issuance of the Bond and the pledge
of the taxes granted by the Issuer under this Section, and is therefore valid, effective, and
perfected. Should Texas law be amended at any time while the Bond is outstanding and unpaid,
the result of such amendment being that the pledge of the taxes granted by the Issuer under this
Section, is to be subject to the filing requirements of Chapter 9, Business & Commerce Code, in
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order to preserve to the registered owner of the Bond a security interest in said pledge, the Issuer
agrees to take such measures as it determines are reasonable and necessary under Texas law to
comply with the applicable provisions of Chapter 9, Business & Commerce Code and enable a
filing of a security interest in said pledge to occur.
Section 6. DEFAULT AND REMEDIES
(a) Events of Default. Each of the following occurrences or events for the purpose of
this Ordinance is hereby declared to be an Event of Default:
(i) the failure to make payment of the principal of or interest on the Bond when
the same becomes due and payable; or
(ii) default in the performance or observance of any other covenant, agreement or
obligation of the Issuer, the failure to perform which materially, adversely affects the
rights of the Registered Owner of the Bond, including, but not limited to, their prospect
or ability to be repaid in accordance with this Ordinance, and the continuation thereof for
a period of 60 days after notice of such default is given by the Registered Owner to the
Issuer.
(b) Remedies for Default. Upon the happening of any Event of Default, then and in
every case, the Registered Owner or an authorized representative thereof, including, but not
limited to, a trustee or trustees therefor, may proceed against the Issuer for the purpose of
protecting and enforcing the rights of the Registered Owner under this Ordinance, by mandamus
or other suit, action or special proceeding in equity or at law, in any court of competent
jurisdiction, for any relief permitted by law, including the specific performance of any covenant
or agreement contained herein, or thereby to enjoin any act or thing that may be unlawful or in
violation of any right of the Registered Owner hereunder or any combination of such remedies.
(c) Remedies Not Exclusive.
(i) No remedy herein conferred or reserved is intended to be exclusive of any
other available remedy or remedies, but each and every such remedy shall be cumulative
and shall be in addition to every other remedy given hereunder or under the Bond or now
or hereafter existing at law or in equity; provided, however, that notwithstanding any
other provision of this Ordinance, the right to accelerate the debt evidenced by the Bond
shall not be available as a remedy under this Ordinance.
(ii) The exercise of any remedy herein conferred or reserved shall not be deemed
a waiver of any other available remedy.
(iii) By accepting the delivery of a Bond authorized under this Ordinance, the
Registered Owner agrees that the certifications required to effectuate any covenants or
representations contained in this Ordinance do not and shall never constitute or give rise
to a personal or pecuniary liability or charge against the officers, employees or trustees of
the Issuer or the Board of Aldermen.
Section 7. DEFEASANCE OF BOND.
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(a) Any Bond and the interest thereon shall be deemed to be paid, retired and no longer
outstanding (a "Defeased Bond") within the meaning of this Ordinance, except to the extent
provided in subsection (d) of this Section, when payment of the principal of such Bond, plus
interest thereon to the due date (whether such due date be by reason of maturity or otherwise)
either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii)
shall have been provided for on or before such due date by irrevocably depositing with or
making available to the Paying Agent/Registrar in accordance with an escrow agreement or other
instrument (the "Future Escrow Agreement") for such payment (1) lawful money of the United
States of America sufficient to make such payment or (2) Defeasance Securities that mature as to
principal and interest in such amounts and at such times as will insure the availability, without
reinvestment, of sufficient money to provide for such payment, and when proper arrangements
have been made by the Issuer with the Paying Agent/Registrar for the payment of its services
until all Defeased Bond shall have become due and payable. At such time as a Bond shall be
deemed to be a Defeased Bond hereunder, as aforesaid, such Bond and the interest thereon shall
no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein
levied and pledged as provided in this Ordinance, and such principal and interest shall be payable
solely from such money or Defeasance Securities. Notwithstanding any other provision of this
Ordinance to the contrary, it is hereby provided that any determination not to redeem Defeased
Bond that is made in conjunction with the payment arrangements specified in subsection (a)(i) or
(ii) of this Section shall not be irrevocable, provided that: (1) in the proceedings providing for
such payment arrangements, the Issuer expressly reserves the right to call the Defeased Bond for
redemption; (2) gives notice of the reservation of that right to the owners of the Defeased Bond
immediately following the making of the payment arrangements; and (3) directs that notice of
the reservation be included in any redemption notices that it authorizes.
(b) Any moneys so deposited with the Paying Agent/Registrar may at the written
direction of the Issuer be invested in Defeasance Securities, maturing in the amounts and times
as hereinbefore set forth, and all income from such Defeasance Securities received by the Paying
Agent/Registrar that is not required for the payment of the Bond and interest thereon, with
respect to which such money has been so deposited, shall be turned over to the Issuer, or
deposited as directed in writing by the Issuer. Any Future Escrow Agreement pursuant to which
the money and/or Defeasance Securities are held for the payment of Defeased Bond may contain
provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or
the substitution of other Defeasance Securities upon the satisfaction of the requirements specified
in subsection (a)(i) or (ii) of this Section. All income from such Defeasance Securities received
by the Paying Agent/Registrar which is not required for the payment of the Defeased Bond, with
respect to which such money has been so deposited, shall be remitted to the Issuer or deposited
as directed in writing by the Issuer.
(c) The term "Defeasance Securities" means (i) direct, noncallable obligations of the
United States of America, including obligations that are unconditionally guaranteed by the
United States of America, (ii) noncallable obligations of an agency or instrumentality of the
United States of America, including obligations that are unconditionally guaranteed or insured
by the agency or instrumentality and that, on the date of the purchase thereof are rated as to
investment quality by a nationally recognized investment rating firm not less than AAA or its
equivalent, and (iii) noncallable obligations of a state or an agency or a county, municipality, or
other political subdivision of a state that have been refunded and that, on the date the governing
49
body of the Issuer adopts or approves the proceedings authorizing the financial arrangements are
rated as to investment quality by a nationally recognized investment rating firm not less than
AAA or its equivalent.
(d) Until the Defeased Bond shall have become due and payable, the Paying
Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Bond
the same as if they had not been defeased, and the Issuer shall make proper arrangements to
provide and pay for such services as required by this Ordinance.
Section 8. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BOND.
(a) Replacement Bond. In the event any outstanding Bond is damaged, mutilated, lost,
stolen or destroyed, the Paying Agent/Registrar shall cause to be printed, executed and delivered,
a new Bond of the same principal amount, maturity and interest rate, as the damaged, mutilated,
lost, stolen or destroyed Bond, in replacement for such Bond in the manner hereinafter provided.
(b) Application for Replacement Bond. Application for replacement of damaged,
mutilated, lost, stolen or destroyed Bond shall be made by the Registered Owner thereof to the
Paying Agent/Registrar. In every case of loss, theft or destruction of a Bond, the Registered
Owner applying for a replacement Bond shall furnish to the Issuer and to the Paying
Agent/Registrar such security or indemnity as may be required by them to save each of them
harmless from any loss or damage with respect thereto. Also, in every case of loss, theft or
destruction of a Bond, the Registered Owner shall furnish to the Issuer and to the Paying
Agent/Registrar evidence to their satisfaction of the loss, theft or destruction of such Bond, as the
case may be. In every case of damage or mutilation of a Bond, the Registered Owner shall
surrender to the Paying Agent/Registrar for cancellation the Bond so damaged or mutilated.
(c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in
the event any such Bond shall have matured, and no default has occurred that is then continuing
in the payment of the principal of, redemption premium, if any, or interest on the Bond, the
Issuer may authorize the payment of the same (without surrender thereof except in the case of a
damaged or mutilated Bond) instead of issuing a replacement Bond, provided security or
indemnity is furnished as above provided in this Section.
(d) Charge for Issuing Replacement Bond. Prior to the issuance of any replacement
Bond, the Paying Agent/Registrar shall charge the Registered Owner of such Bond with all legal,
printing, and other expenses in connection therewith. Every replacement Bond issued pursuant
to the provisions of this Section by virtue of the fact that any Bond is lost, stolen or destroyed
shall constitute a contractual obligation of the Issuer whether or not the lost, stolen or destroyed
Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the
benefits of this Ordinance equally and proportionately with any and all other Bond duly issued
under this Ordinance.
(e) Authority for Issuing Replacement Bond. In accordance with Sec. 1206.022,
Government Code, this Section of this Ordinance shall constitute authority for the issuance of
any such replacement Bond without necessity of further action by the governing body of the
Issuer or any other body or person, and the duty of the replacement of such Bond is hereby
authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall
50
authenticate and deliver such Bond in the form and manner and with the effect, as provided in
Section 3(a) of this Ordinance for Bond issued in exchange for other Bond.
Section 9. CUSTODY, APPROVAL, AND REGISTRATION OF BOND; BOND
COUNSEL'S OPINION; CUSIP NUMBERS; ENGAGEMENT OF BOND COUNSEL.
(a) The Mayor of the Issuer is hereby authorized to have control of the Bond initially
issued and delivered hereunder and all necessary records and proceedings pertaining to the Bond
pending its delivery and its examination, and approval by the Attorney General of the State of
Texas, and its registration by the Comptroller of Public Accounts of the State of Texas. Upon
registration of the Bond said Comptroller of Public Accounts (or a deputy designated in writing
to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate
attached to such Bond, and the seal of said Comptroller shall be impressed, or placed in
facsimile, on such Bond. The approving legal opinion of the Issuer's Bond Counsel and the
assigned CUSIP numbers (if any) may, at the option of the Issuer, be printed on the Bond issued
and delivered under this Ordinance, but neither shall have any legal effect, and shall be solely for
the convenience and information of the Registered Owner of the Bond. In addition, if bond
insurance is obtained, the Bond may bear an appropriate legend as provided by the insurer.
(b) The obligation of the initial purchaser to accept delivery of the Bond is subject to the
initial purchaser being furnished with the final, approving opinion of McCall, Parkhurst &
Horton L.L.P., bond counsel to the Issuer, which opinion shall be dated as of and delivered on
the date of initial delivery of the Bond to the initial purchaser. The engagement of such firm as
bond counsel to the Issuer in connection with issuance, sale and delivery of the Bond is hereby
approved and confirmed. The execution and delivery of an engagement letter between the Issuer
and such firm, with respect to such services as bond counsel, is hereby authorized in such form
as may be approved by the Mayor, and the Mayor is hereby authorized to execute such
engagement letter.
Section 10. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE
BOND.
(a) Covenants. The Issuer covenants to take any action necessary to assure, or refrain
from any action that would adversely affect, the treatment of the Bond as an obligation described
in section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), the interest on
which is not includable in the "gross income" of the holder for purposes of federal income
taxation. In furtherance thereof, the Issuer covenants as follows:
(1) to take any action to assure that no more than 10 percent of the proceeds of
the Bond (less amounts deposited to a reserve fund, if any) are used for any "private
business use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of
the proceeds or the Project are so used, such amounts, whether or not received by the
Issuer, with respect to such private business use, do not, under the terms of this
Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the
payment of more than 10 percent of the debt service on the Bond, in contravention of
section 141(b)(2) of the Code;
(2) to take any action to assure that in the event that the "private business use"
described in subsection (1) hereof exceeds 5 percent of the proceeds of the Bond or the
51
Project (less amounts deposited into a reserve fund, if any) then the amount in excess of 5
percent is used for a "private business use" that is "related" and not "disproportionate,"
within the meaning of section 141(b)(3) of the Code, to the governmental use;
(3) to take any action to assure that no amount that is greater than the lesser of
$5,000,000, or 5 percent of the proceeds of the Bond (less amounts deposited into a
reserve fund, if any) is directly or indirectly used to finance loans to persons, other than
state or local governmental units, in contravention of section 141(c) of the Code;
(4) to refrain from taking any action that would otherwise result in the Bond
being treated as a "private activity bond" within the meaning of section 141(b) of the
Code;
(5) to refrain from taking any action that would result in the Bond being
"federally guaranteed" within the meaning of section 149(b) of the Code;
(6) to refrain from using any portion of the proceeds of the Bond, directly or
indirectly, to acquire or to replace funds that were used, directly or indirectly, to acquire
investment property (as defined in section 148(b)(2) of the Code) that produces a
materially higher yield over the term of the Bond, other than investment property
acquired with B
(A) proceeds of the Bond invested for a reasonable temporary period of 3
years or less or, in the case of a refunding bond, for a period of 30 days or less
until such proceeds are needed for the purpose for which the Bond is issued,
(B) amounts invested in a bona fide debt service fund, within the meaning
of section 1.148-1(b) of the Treasury Regulations, and
(C) amounts deposited in any reasonably required reserve or replacement
fund to the extent such amounts do not exceed 10 percent of the proceeds of the
Bond;
(7) to otherwise restrict the use of the proceeds of the Bond or amounts treated as
proceeds of the Bond, as may be necessary, so that the Bond does not otherwise
contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the
extent applicable, section 149(d) of the Code (relating to advance refundings); and
(8) to pay to the United States of America at least once during each five-year
period (beginning on the date of delivery of the Bond) an amount that is at least equal to
90 percent of the "Excess Earnings," within the meaning of section 148(f) of the Code
and to pay to the United States of America, not later than 60 days after the Bond has been
paid in full, 100 percent of the amount then required to be paid as a result of Excess
Earnings under section 148(f) of the Code.
(b) Rebate Fund. In order to facilitate compliance with the above covenant (a)(8), a
"Rebate Fund" is hereby established by the Issuer for the sole benefit of the United States of
America, and such Fund shall not be subject to the claim of any other person, including without
52
limitation the Registered Owners. The Rebate Fund is established for the additional purpose of
compliance with section 148 of the Code.
(c) Use of Proceeds. The Issuer understands that the term "proceeds" includes
"disposition proceeds" as defined in the Treasury Regulations (hereinafter defined) and, in the
case of refunding bonds, transferred proceeds (if any) and proceeds of the refunded bonds
expended prior to the date of issuance of the Bond. It is the understanding of the Issuer that the
covenants contained herein are intended to assure compliance with the Code and any regulations
or rulings promulgated by the U.S. Department of the Treasury pursuant thereto (the "Treasury
Regulations"). In the event that regulations or rulings are hereafter promulgated that modify or
expand provisions of the Code, as applicable to the Bond, the Issuer will not be required to
comply with any covenant contained herein to the extent that such failure to comply, in the
opinion of nationally recognized bond counsel, will not adversely affect the exemption from
federal income taxation of interest on the Bond under section 103 of the Code. In the event that
regulations or rulings are hereafter promulgated that impose additional requirements applicable
to the Bond, the Issuer agrees to comply with the additional requirements to the extent necessary,
in the opinion of nationally recognized bond counsel, to preserve the exemption from federal
income taxation of interest on the Bond under section 103 of the Code. In furtherance of such
intention, the Issuer hereby authorizes and directs the Mayor to execute any documents,
certificate or reports required by the Code and to make such elections, on behalf of the Issuer,
that may be permitted by the Code as are consistent with the purpose for the issuance of the
Bond.
(d) Allocation of, and Limitation on, Expenditures for the Project. The Issuer covenants
to account for the expenditure of sale proceeds and investment earnings to be used for the
construction and acquisition of the Project on its books and records by allocating proceeds to
expenditures within 18 months of the later of the date that (1) the expenditure is made, or (2) the
Project is completed. The foregoing notwithstanding, the Issuer shall not expend proceeds of the
sale of the Bond or investment earnings thereon more than 60 days after the earlier of (1) the
fifth anniversary of the delivery of the Bond, or (2) the date the Bond is retired, unless the Issuer
obtains an opinion of nationally-recognized bond counsel that such expenditure will not
adversely affect the status, for federal income tax purposes, of the Bond or the interest thereon.
For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains
an opinion that such failure to comply will not adversely affect the excludability for federal
income tax purposes from gross income of the interest.
(e) Disposition of Project. The Issuer covenants that the Project will not be sold or
otherwise disposed in a transaction resulting in the receipt by the Issuer of cash or other
compensation, unless the Issuer obtains an opinion of nationally-recognized bond counsel that
such sale or other disposition will not adversely affect the tax-exempt status of the Bond. For
purposes of the foregoing, the portion of the property comprising personal property and disposed
in the ordinary course shall not be treated as a transaction resulting in the receipt of cash or other
compensation. For purposes hereof, the Issuer shall not be obligated to comply with this
covenant if it obtains a legal opinion that such failure to comply will not adversely affect the
excludability for federal income tax proposes from gross income of the interest.
(f) Designation as a Qualified Tax-Exempt Obligation. The Issuer hereby designates the
Bond as a "qualified tax-exempt obligation" as defined in section 265(b)(3) of the Code. In
53
furtherance of such designation, the Issuer represents, covenants and warrants the following: (a)
that during the calendar year in which the Bond is issued, the Issuer (including any subordinate
entities) has not designated nor will designate obligations that when aggregated with the Bond,
will result in more than $10,000,000 of "qualified tax-exempt obligations" being issued; (b) that
the Issuer reasonably anticipates that the amount of tax-exempt obligations issued, during the
calendar year in which the Bond is issued, by the Issuer (or any subordinate entities) will not
exceed $10,000,000; and, (c) that the Issuer will take such action or refrain from such action as
necessary, and as more particularly set forth in this Section, hereof, in order that the Bond will
not be considered "private activity bonds" within the meaning of section 141 of the Code.
Section 11. SALE OF BOND.
(a) The Bond is hereby initially sold and shall be delivered to
_________________________, __________, __________ (the "Purchaser"), for cash for the par
value thereof, pursuant to the private placement letter dated the date of the final passage of this
Bond which the Mayor is hereby authorized to execute and deliver. The Bond shall initially be
registered in the name of the Purchaser. It is hereby officially found, determined, and declared
that the terms of this sale are the most advantageous reasonably obtainable.
(b) The Mayor and Mayor Pro Tem, and all other officers, employees and agents of the
Issuer, and each of them, shall be and they are hereby expressly authorized, empowered and
directed from time to time and at any time to do and perform all such acts and things and to
execute, acknowledge and deliver in the name and on behalf of the Issuer a Paying
Agent/Registrar Agreement with the Paying Agent/Registrar and all other instruments, whether
or not herein mentioned, as may be necessary or desirable in order to carry out the terms and
provisions of this Ordinance, the Bond and the sale of the Bond. In case any officer whose
signature shall appear on any Bond shall cease to be such officer before the delivery of such
Bond, such signature shall nevertheless be valid and sufficient for all purposes the same as if
such officer had remained in office until such delivery.
Section 12. INTEREST EARNINGS ON BOND PROCEEDS. Interest earnings derived
from the investment of proceeds from the sale of the Bond shall be used along with other Bond
proceeds for the Project; provided that after completion of such purpose, if any of such interest
earnings remain on hand, such interest earnings shall be deposited in the Interest and Sinking
Fund. It is further provided, however, that any interest earnings on Bond proceeds that are
required to be rebated to the United States of America pursuant to Section 10 hereof in order to
prevent the Bond from being arbitrage bonds shall be so rebated and not considered as interest
earnings for the purposes of this Section.
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Section 13. CONSTRUCTION FUND.
(a) The Issuer hereby creates and establishes and shall maintain on the books of the
Issuer a separate fund to be entitled the "Series 2008 General Obligation Bond Construction
Fund" for use by the Issuer for payment of all lawful costs associated with the acquisition and
construction of the Project as hereinbefore provided. Upon payment of all such costs, any
moneys remaining on deposit in said Fund shall be transferred to the Interest and Sinking Fund.
Amounts so deposited to the Interest and Sinking Fund shall be used in the manner described in
Section 5 of this Ordinance.
(b) The Issuer may place proceeds of the Bond (including investment earnings thereon)
and amounts deposited into the Interest and Sinking Fund in investments authorized by the
Public Funds Investment Act, Chapter 2256, Texas Government Code, as amended; provided,
however, that the Issuer hereby covenants that the proceeds of the sale of the Bond will be used
as soon as practicable for the purposes for which the Bond is issued.
(c) All deposits authorized or required by this Ordinance shall be secured to the fullest
extent required by law for the security of public funds.
Section 14. METHOD OF AMENDMENT. The Issuer hereby reserves the right to
amend this Ordinance subject to the following terms and conditions, to-wit:
(a) The Issuer may from time to time, without the consent of the Registered Owner,
except as otherwise required by paragraph (b) below, amend or supplement this Ordinance in
order to (i) cure any ambiguity, defect or omission in this Ordinance that does not materially
adversely affect the interests of the holders, (ii) grant additional rights or security for the benefit
of the holders, (iii) add events of default as shall not be inconsistent with the provisions of this
Ordinance and that shall not materially adversely affect the interests of the holders, (iv) qualify
this Ordinance under the Trust Indenture Act of 1939, as amended, or corresponding provisions
of federal laws from time to time in effect, or (v) make such other provisions in regard to matters
or questions arising under this Ordinance as shall not be inconsistent with the provisions of this
Ordinance and that shall not in the opinion of the Issuer's Bond Counsel materially adversely
affect the interests of the holders.
(b) Except as provided in paragraph (a) above, the Registered Owner shall have the right
from time to time to approve any amendment hereto that may be deemed necessary or desirable
by the Issuer; provided, however, that without the consent of the Registered Owner, nothing
herein contained shall permit or be construed to permit amendment of the terms and conditions
of this Ordinance or in the Bond so as to:
(1) Reduce the rate of interest borne by the Bond;
(2) Reduce the amount of the principal of, or redemption premium, if any,
payable on the Bond;
(3) Modify the terms of payment of principal or of interest on the Bond or impose
any condition with respect to such payment; or
55
(4) Change the requirement with respect to Registered Owner consent to such
amendment.
(c) If at any time the Issuer shall desire to amend this Ordinance under this Section, the
Issuer shall send by U.S. mail to the Registered Owner a copy of the proposed amendment.
(d) Whenever at any time within one year from the date of publication of such notice the
Issuer shall receive an instrument or instruments executed by the Registered Owner, which
instrument or instruments shall refer to the proposed amendment and that shall specifically
consent to and approve such amendment, the Issuer may adopt the amendment in substantially
the same form.
(e) Upon the adoption of any amendatory ordinance pursuant to the provisions of this
Section, this Ordinance shall be deemed to be modified and amended in accordance with such
amendatory Ordinance, and the respective rights, duties, and obligations of the Issuer and the
Registered Owner shall thereafter be determined, exercised, and enforced, subject in all respects
to such amendment.
(f) Any consent given by the Registered Owner of a Bond pursuant to the provisions of
this Section shall be irrevocable for a period of six months from the date of such consent, and
shall be conclusive and binding upon all future holders of the same Bond during such period.
Such consent may be revoked at any time after six months from the date of consent by the
Registered Owner who gave such consent, or by a successor in title, by filing notice with the
Issuer.
(g) For the purposes of establishing ownership of the Bond, the Issuer shall rely solely
upon the registration of the ownership of such Bond on the registration books kept by the Paying
Agent/Registrar.
Section 15. NO RULE 15c2-12 UNDERTAKING. The sale of the Bond is exempt from
Securities and Exchange Commission Rule 15c2-12 (the "Rule"). Consequently, the Issuer
makes no undertaking pursuant to the Rule to provide any on-going disclosure relating to the
Issuer or the Bond.
Section 16. APPROPRIATION. To pay the debt service coming due on the Bonds, if
any, prior to receipt of the taxes levied to pay such debt service, there is hereby appropriated
from current funds on hand, which are hereby certified to be on hand and available for such
purpose, an amount sufficient to pay such debt service, and such amount shall be used for no
other purpose.
Section 17. SEVERABILITY. If any section, article, paragraph, sentence, clause, phrase
or word in this Ordinance, or application thereof to any persons or circumstances is held invalid
or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity
of the remaining portion of this Ordinance, despite such invalidity, which remaining portions
shall remain in full force and effect.
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Section 18. EFFECTIVE DATE. In accordance with the provisions of V.T.C.A.,
Government Code, Section 1201.028, this Ordinance shall be effective immediately upon its
adoption by the Board of Aldermen.
(Execution Page Follows)
60
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Jarrod Greenwood, Public Works Superintendent
Subject: Regular meeting of May 19, 2008 – Item #12
Date: May 16, 2008
ITEM
Consider a Resolution authorizing the Town Manager to enter into an agreement with
Atmos Energy for the relocation of approximately 775 feet of gas line located on the
Civic Campus.
BACKGROUND
To accommodate the new Arts and Sciences Center project and future expansion of the
Academy, the current water, sewer and gas lines will have to be relocated to the south
and west of the existing campus. The water and sewer line projects have already been
bid and awarded, with the contractor tentatively scheduled to begin work June 9th. Atmos
required the gas line relocation work to be administered through them at an estimated
cost of $30,000, which includes additional engineering and staking costs. Atmos
anticipates their relocation work to begin June 9th as well.
Staff will coordinate efforts with the Atmos and Town contractors and provide project
management.
FUNDING
The funds to facilitate this agreement have been included in the adopted FY 2007-08
budget for relocation of utilities.
Atmos invoice for relocation work $26,296.36
Engineering and construction staking (approx) $ 3,703.64
Total $30,000.00
PASSED, APPROVED AND EFFECTIVE this May 19, 2008.
______________________________
___
Mayor
Attest:
_________________________________
Town Secretary
[TOWN SEAL]
58
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Troy J. Meyer, Director of Facility & Recreation
Subject: Regular meeting of May 19, 2008 – Item #11
Date: May 8, 2008
ITEM
Consider a Resolution authorizing the Town Manager to enter into agreement with AIL
Investment, L.P. granting the use of a 10’underground water utility easement (4,979 sq.
ft.) located on the north side if the property south of Civic Campus.
BACKGROUND
To accommodate the new Arts and Sciences Center project and future expansion of the
Academy, the current water, sewer and gas lines will have to be relocated to the south
and west of the existing campus. The water line entering the property from JT Ottinger
Road will be increased from an 8” to a 12” line to accommodate future development to
the west. The 10’easement is necessary due to the lack of room between the Town’s
property line, current retaining wall and parking area along the south east corner of the
civic campus.
It will be the Town’s responsibility to install a temporary fence during the construction
phase of the project. The Town will also be responsible for the cost to restore the
easement tract which will include reinstalling the fence and using grass plugs to restore
the grass to its previous condition once all construction is completed.
FUNDING
The funds to facilitate this agreement have been included in the adopted FY 2007-08
relocation of utility budget.
59
TOWN OF WESTLAKE
RESOLUTION NO. 08-30
AUTHORIZING AN AGREEMENT WITH AIL INVESTMENT, L.P. TO GRANT
THE USE OF A 10’UNDERGROUND WATER UTILITY EASEMENT (4,979 SQ.
FT.) LOCATED ON THE NORTH SIDE IF THE PROPERTY SOUTH OF THE
CIVIC CAMPUS ON BEHALF OF THE TOWN OF WESTLAKE, TEXAS.
WHEREAS, the Board of Aldermen finds that the 10’underground water utility
easement (4,979 sq. ft.) benefit the safety and welfare of the public; and
WHEREAS, the Board of Aldermen finds that funding is necessary for said to
restore the tract with the completion of construction; 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 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 the entirety.
SECTION 2. THAT, the Board of Aldermen of the Town of Westlake, Texas,
hereby approves the agreement with AIL Investment, L.P. relating to the 10’underground
water utility easement (4,979 sq. ft), as attached agreement and further authorizes the
Town Manager to execute said agreement on behalf of the Town of Westlake, Texas.
PASSED AND APPROVED ON THIS 19th DAY OF MAY 2008.
_____________________________
Scott Bradley, Mayor
ATTEST:
____________________________ ______________________________
Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
61
TOWN OF WESTLAKE
RESOLUTION NO. 08-31
AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT
WITH ATMOS ENERGY FOR THE RELOCATION OF APPROXIMATELY 775
FEET OF GAS LINE LOCATED ON THE CIVIC CAMPUS ON BEHALF OF
THE TOWN OF WESTLAKE, TEXAS.
WHEREAS, the Board of Aldermen finds that the gas utility relocation work
benefits the public; and
WHEREAS, the Board of Aldermen finds that the gas utility relocation work is
necessary for the Westlake Academy expansion project; and
WHEREAS, the Board of Aldermen finds that funding is necessary for the gas
utility relocation work; 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 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 the entirety.
SECTION 2. THAT, the Board of Aldermen of the Town of Westlake, Texas,
hereby approves the agreement with Atmos Energy relating to the relocation of
approximately 775 feet of gas line located on the Civic Campus, as attached agreement
and further authorizes the Town Manager to execute said agreement on behalf of the
Town of Westlake, Texas.
PASSED AND APPROVED ON THIS 19th DAY OF MAY 2008.
_____________________________
Laura L. Wheat, Mayor
ATTEST:
____________________________ ______________________________
Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
62
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Tom Brymer, Town Manager
Subject: Regular meeting of May 19, 2008
Date: May 16, 2008
ITEM
Consider a Resolution approving:
• acceptance of a gift to assist the funding of the construction of the new Westlake
Academy Arts & Sciences Building Project
• application of the gift towards the Arts portion of the Arts & Sciences Building
Project
• naming a portion of the Arts & Sciences Building Project
• authorization of the interim use of the Westlake Academy Foundation naming
guidelines for the Arts & Sciences Building Project
• directing the Town Manager to prepare a draft policy for naming all Town
facilities for the Board’s consideration
BACKGROUND
The financing for the Westlake Academy Arts & Sciences Building Project has been
configured to be a blend of public and private funding sources, including gifts from
private donors and public/private partnerships.
STAFF RECOMMENDATION
Approval of the resolution.
AGENDA ITEM ATTACHMENTS
Resolution No. 08-32 with Exhibit A, Arts & Sciences Naming Opportunities
63
TOWN OF WESTLAKE
RESOLUTION NO. 08-32
APPROVING THE ACCEPTANCE OF A GENEROUS GIFT TO ASSIST THE
FUNDING OF THE CONSTRUCTION OF THE NEW WESTLAKE ACADEMY
ARTS & SCIENCES CENTER BUILDING PROJECT, APPROVING THE
APPLICATION OF THE GIFT TOWARDS THE ARTS PORTION OF THE
ARTS & SCIENCES BUILDING PROJECT, APPROVING THE NAMING OF A
PORTION OF THE ARTS & SCIENCES BUILDING PROJECT, AUTHORIZING
THE INTERIM USE OF THE WESTLAKE ACADEMY FOUNDATION
NAMING GUIDELINES FOR THE ARTS & SCIENCES BUILDING PROJECT,
AND DIRECTING THE TOWN MANAGER TO PREPARE A DRAFT POLICY
FOR NAMING OF ALL TOWN FACILITIES FOR THE BOARD’S
CONSIDERATION.
WHEREAS, the Town of Westlake will be constructing a new Arts & Sciences
Building at its Westlake Academy campus; and
WHEREAS, the Town of Westlake desires to encourage broad community
support and involvement in this project through utilization of private donations, gifts, and
other private funding sources to enhance this project, as well as ensure its success via the
use of a public/private partnerships; and
WHEREAS, an anonymous donor has come forward and expressed a desire to
provide a generous gift for this project; and
WHEREAS, the Board of Aldermen finds that acceptance of this generous gift
for this project is in the best interests of the Town of Westlake and its citizens; and
WHEREAS, in addition to accepting this generous gift, the Board of Aldermen
desires to approve naming rights for a portion of this project and provide direction to the
Town Manager regarding an interim and permanent Town facilities naming policy;
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 (the Board) of the Town of
Westlake, Texas, hereby accepts a generous gift of $500,000.00 to the Town from a
donor wishing to remain anonymous to the extent allowed by law and while respecting
the donor’s wishes to remain anonymous, the Board acknowledges the desire of this
donor to apply these funds to the Arts portion of the planned Arts & Sciences Building at
Westlake Academy, and hereby approves the application of the funds to the construction
of the Arts portion of the planned Arts & Sciences Building.
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SECTION 3. THAT, the Board hereby decrees that the portion of the Arts &
Sciences Building currently referred to as Black Box shall be named the “Sam W. Lee
Theatre” in memory, honor and recognition of Sam. W. Lee, who was a loyal, generous,
honorable and supportive citizen of the Town of Westlake for almost thirty years.
SECTION 4. THAT, the Board hereby approves the Westlake Academy
Foundation naming guidelines (attached as Exhibit A) as an interim Town policy for the
Arts & Sciences Building Project, and directs the Town Manager to research, draft and
present to the Board for its consideration a proposed policy for the naming of all Town
facilities.
PASSED AND APPROVED ON THIS 15TH DAY OF MAY 2008.
____________________________________
Laura L. Wheat, Mayor
ATTEST:
______________________________ ____________________________________
Kim Sutter TRMC, Town Secretary Tom Brymer, Town Manager
APPROVED AS TO FORM:
__________________________________
L. Stanton Lowry, Town Attorney
65
Resolution 08-32 – Exhibit “A”
The Westlake Academy Foundation would like to propose the following naming
opportunities and guidelines to the Board of Alderman.
Proposed Naming Opportunities for the Arts and Sciences Center:
Arts & Sciences Center Complex Naming Rights $1,000,000
Black Box Theater $500,000
Sciences Wing $500,000
Art Classroom $300,000
Commons Area $250,000
Science Laboratory (2) $100,000 each
Science Classroom $50,000
Conference Room $50,000
Offices (6) for Staff $25,000 each
** Other naming opportunities such as brick pavers, seats in the theater will arise
depending on what alternatives are chosen. These additional naming opportunities will be
presented to the Board of Aldermen at such time.
Guidelines for consideration in regards to all naming opportunities now and in the
future:
1. All Naming Opportunities and amounts will be presented for approval and acceptance
by the Board of Alderman.
2. Donors can specify another name other than their own. For example, their family
foundation or in honor of someone else.
66
Town of
Westlake
Item #14 – Council
Calendars
Back up material has not
been provided for this item.
67
Town of
Westlake
Item #15 –
Adjournment
Back up material has not
been provided for this item.