HomeMy WebLinkAbout02-11-08 TC Agenda PacketTOWN OF WESTLAKE
WESTLAKE ACADEMY
BOARD OF TRUSTEES / ALDERMEN
PRE -BOARD MEETING
AGENDA
February 11, 2008
4:00 P.M.
WESTLAKE CIVIC CAMPUS — DINING HALL
2600 J. T. OTTINGER ROAD
1. CALL TO ORDER.
2. EXECUTIVE SESSION.
A. The Board will conduct a closed session under Texas Government Code section
551.074 to discuss personnel matters.
B. The Board will conduct a closed session under Texas Government Code section
551.071 to seek advice of counsel on legal matters involving pending or
contemplated litigation, settlement offers, or other legal matters not related directly
to litigation or settlement.
3. RECONVENE MEETING.
4. DISCUSS COMPLAINT AND PROCEDURE POLICY FOR THE WESTLAKE
ACADEMY.
5. REVIEW OF REGULAR AGENDA ITEMS.
A. Board of Trustees Meeting
B. Board of Aldermen Meeting
6. HEAD OF SCHOOL REPORT.
7. TOWN MANAGER REPORT.
8. ADJOURNMENT.
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village
Circle, and Westlake Civic Campus, 2600 J.T. Ottinger Road, Westlake, Texas, on Friday,
February 8, 2007, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas
Government Code.
Kim Sutter, TRMC, Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs, please
advise the Town Secretary 48 hours in advance at 817- 490 -5710 and reasonable
accommodations will be made to assist you.
TOWN OF WESTLAKE, TEXAS
BOARD OF ALDERMEN REGULAR MEETING
AGENDA
FEBRUARY 11, 2008
WESTLAKE CIVIC CAMPUS
2600 J. T. OTTINGER ROAD
7:00 P.M.
1. CALL TO ORDER.
2. 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.
3. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE APPROVING
AN APPLICATION FOR A SPECIFIC USE PERMIT FOR A PRIVATE WATER
WELL TO BE LOCATED ON 2020 POST OAK PLACE; VAQUERO- ARTHUR
ADDITION, PHASE 3; LOT 26, BLK K.
4. CONSIDER AN ORDINANCE CALLING AND ORDERING A GENERAL AND
SPECIAL ELECTION TO BE HELD ON MAY 10, 2008.
5. CONSIDER A RESOLUTION APPOINTING A MEMBER TO THE WESTLAKE
ACADEMY FOUNDATION BOARD OF DIRECTORS.
6. CONSIDER A RESOLUTION APPROVING THE ADDITION OF GOOD FRIDAY
TO THE TOWN OF WESTLAKE'S OFFICIALLY RECOGNIZED HOLIDAYS.
7. CONSIDER A RESOLUTION APPROVING AN AMENDMENT TO THE JOINT
ENGINEERING SERVICES CONTRACT WITH GRAHAM ASSOCIATES, INC.
AND THE CITY OF KELLER, CITY OF SOUTHLAKE AND TOWN OF
WESTLAKE FOR ENGINEERING AND DESIGN SERVICES REGARDING THE
FM 1938 EXPANSION PROJECT.
8. CONSIDER A RESOLUTION APPROVING A SECOND AMENDMENT TO THE
INTERLOCAL AGREEMENT WITH TARRANT COUNTY, DENTON COUNTY,
CITY OF KELLER, CITY OF SOUTHLAKE AND THE TOWN OF WESTLAKE
REGARDING THE ADDITIONAL CONTRIBUTION FROM TARRANT COUNTY
AND MEMORIALIZING THE PARTIES' OBLIGATIONS AND
RESPONSIBILITIES REGARDING A RIGHT OF WAY ACQUISTION ANDD THE
FM 1938 EXPANSION PROJECT.
9. CONSIDER A RESOLUTION APPROVING A BUDGET AMENDMENT AND
RELATED AGREEMENT WITH RODGERS CONSTRUCTION COMPANY FOR
THE WEST SIDE PUMP STATION IMPROVEMENTS.
10. CONSIDER APPROVAL FOR THE RELEASE OF A REQUEST FOR
QUALIFICATIONS (RFQ) AS IT RELATES TO THE WESTLAKE ARTS AND
SCIENCES CENTER PROJECT.
11. CONSIDER A RESOLUTION AUTHORIZING THE APPOINTMENT OF A
BUILDING COMMITTEE TO PROVIDE OVERSIGHT TO TOWN STAFF
CONCERNING THE CONSTRUCTION AND REMODELING OF MUNICIPAL
BUILDINGS.
12. HEAR STATUS REPORT ON CONSTRUCTION OF WESTLAKE ARTS AND
SCIENCES CENTER.
13. 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 pre -board and regular meetings
held on January 28, 2008.
B. Review and approve any outstanding bills.
14. STAFF REPORTS.
A. Hear Financial Report from Director of Financial Services.
15. TOWN MANAGER'S REPORT.
16. MAYOR AND ALDERMEN REPORTS / COMMENTS.
17. EXECUTIVE SESSION
A. The Board will conduct a closed session under Texas Government Code.section 551.074
to discuss personnel matters.
18. RECONVENE MEETING.
19. EXECUTIVE SESSION ACTION.
20. ADJOURNMENT.
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village
Circle, and Westlake Civic Campus, 2600 J.T. Ottinger Road, Westlake, Texas, on Friday, February
8, 2008, by 5 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code.
Kim Sutter, TRMC, Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs, please
advise the Town Secretary 48 hours in advance at 817 - 490 -5710 and reasonable accommodations
will be made to assist you.
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
BOARD OF ALDERMEN REGULAR MEETING
February 11, 2008
PRESENT: Mayor Scott Bradley and Aldermen Larry Corson, Kevin Maynard, Don Redding,
and Pete Steger.
ABSENT: Alderman Bob Timmerman.
OTHERS PRESENT: Interim Town Manager Joe Hennig, Town Attorney Stan Lowry,
Town Secretary Kim Sutter, DPS Director Don Wilson, Facilities and
Recreation Director Troy Meyer and inance Director Debbie Piper,
and Executive Assistant Ginger Awtry. P
1. CALL TO ORDER.
Mayor Bradley called the meeting to order at 8:42 p.m.
2. CITIZENS' PRESENTATIONS.
Mrs. Becky Rogers, 1730 J.T. Ottinger Road, Westlake, recommended the Board consider
adopting a code of conduct that extends to elected and appointed officials.
3. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE APPROVING
AN APPLICATION FOR A SPECIFIC USE PERMIT FOR A PRIVATE WATER
WELL TO BE LOCATED ON 2020 POST OAK PLACE; VAQUERO - ARTHUR
ADDITION, PHASE 3; LOT 26, BLK K.
Mayor Bradley introduced the item and opened the public hearing.
There being no one wishing to speak, Mayor Bradley closed the public hearing.
MOTION: Mayor Pro Tern Redding made a motion to adopt Ordinance No. 586, as
presented. Alderman Steger seconded the motion. The motion carried by a
vote of 4 -0.
Town of Westlake Board of Aldermen Page 2 of 6
Regular Meeting
February 11, 2008
4. CONSIDER AN ORDINANCE CALLING AND ORDERING A GENERAL AND A
SPECIAL ELECTION TO BE HELD ON MAY 10, 2008.
Mayor Bradley introduced the item and asked for a motion.
MOTION: Alderman Maynard made a motion to adopt Ordinance No. 587, as
presented. Alderman Corson seconded the motion. The motion carried by a
vote of 4 =0.
5. CONSIDER A RESOLUTION APPOINTING A MEMBER TO THE WESTLAKE
ACADEMY FOUNDATION BOARD OF DIRECTORS.
Mayor Bradley introduced the item and asked for a motion.
MOTION: Alderman Steger made a motion to adopt Resolution No. 08 -05, appointing
Dr. Shezad Malik to the Westlake Academy Foundation Board of Directors.
Alderman May seconded the motion. The motion carried by a vote of 4-
0.
6. CONSIDER A RESOLUTION APPROVING THE ADDITION OF GOOD FRIDAY
TO THE TOWN OF WESTLAKE'S OFFICIALLY RECOGNIZED HOLIDAYS.
Mayor Bradley introduced the item and asked for a motion.
MOTION: Mayor Pro Tern Redding made a motion to adopt Resolution No. 08 -06,
approving the addition of Good Friday to the Town of Westlake's officially
recognized holidays. Alderman Maynard seconded the motion. The motion
carried by a vote of 4 -0.
7. CONSIDER A RESOLUTION APPROVING AN AMENDMENT TO THE JOINT
ENGINEERING SERVICES CONTRACT WITH GRAHAM ASSOCIATES, INC.
AND THE CITY OF KELLER, CITY OF SOUTHLAKE AND TOWN OF
WESTLAKE FOR ENGINEERING AND DESIGN SERVICES REGARDING THE
FM 1938 EXPANSION PROJECT.
Interim Town Manager Hennig introduced the item and advised the Board that the proposed
resolution approves additional engineering cost associated with the project. Mr. Hennig
advised that the additional funds to complete phase 1 of the project totals $331,492, and
phase II is $485 „5.15, for a total additional project cost of $817,007.
MOTION: Alderman Corson made a motion to adopt Resolution No. 08 -08, as
presented. Alderman Steger seconded the motion. The motion carried by a
vote of 4 -0.
8. CONSIDER A RESOLUTION APPROVING A SECOND AMENDMENT TO THE
INTERLOCAL AGREEMENT WITH TARRANT COUNTY, DENTON COUNTY,
CITY OF KELLER, CITY OF SOUTHLAKE AND THE TOWN OF WESTLAKE
Town of Westlake Board of Aldermen
Regular Meeting
February 11, 2008
Page 3 of 6
REGARDING THE ADDITIONAL CONTRIBUTION FROM TARRANT COUNTY
AND MEMORIALIZING THE PARTIES' OBLIGATIONS AND
RESPONSIBILITIES REGARDING A RIGHT OF WAY ACQUISTION AND THE
FM 1938 EXPANSION PROJECT.
Interim Town Manager Hennig introduced_ the item and expressed his appreciation to
Commissioner Gary Fickes for his commitment and support of the project. Mr. Hennig
advised the, Board that Tarrant County has committed additional funding not to exceed
$1,000,000 to be -med- jow,�rd engineering costs and right -of -way acquisition.
MOTION: Alderman (!Steger made a motion to -adopt Resolution No. 08 -09
as
presented. Alderman Corson seconded the motion. The motion carried by a
vote of 4 -0
9. CONSIDER A RESOLUTION APPROVING A BUDGET AMENDMENT AND
RELATED AGREEMENT WITH RODGERS CONSTRUCTION COMPANY FOR
THE WEST SIDE PUMP STATION IMPROVEMENTS.
Interim Town Manager Hennig advised the Board that, the project _costs exceeds the
budgeted amount by $18,000. Mr. Hennig added that the increase is related to the need for
additional improvements that will permit staff to operate the. pump station, independent of
Fort Worth, as well as verify the Fort.Worth meter readings.
Public Works Superintendent Jarrod Greenwood was present to address questions from the
Board.
MOTION: Alderman Corson made a motion to adopt Resolution No. 08 -10, as
presented. Mayor Pro Tern Redding seconded the motion. The motion
carried by a vote of 4 -0.
10. CONSIDER APPROVAL FOR THE RELEASE OF A REQUEST FOR
QUALIFICATIONS (RFQ) AS IT RELATES TO THE WESTLAKE ARTS AND
SCIENCES CENTER PROJECT.I I
Facilities and. Recreation Director Meyer addressed the Board regarding the item. Mr.
Meyer advised the Board ,that the RFQ document. is designed to allow for a two phase
construction procgss, should additional funding become available.
Phase I Entire foundation of the building with the build out of three science labs,
restrooms, offices, conference room, lobby, and sidewalks for approximately
5,958 square feet.
Phase II Art room, black box, dressing rooms, storage, office space and data room for
approximately 4,912 square feet with a parking area on the south side of the
building location, and outdoor seating adjacent to the black box if funding is
available.
Town of Westlake Board of Aldermen
Regular Meeting
February 11, 2008
Page 4 of 6
Alderman Corson suggested emphasis be placed on the time line through the use of
incentives for early completion or liquidated damages. Mr. Corson further suggested, in an
effort to control costs, that the process of and cost associated with change , orders be
discussed with the contractor during the review process.
MOTION: Mayor Pro Tern Redding made a motion to approve the release of a Request
for Qualifications (RFQ) as it relates to the Westlake Arts and Sciences
Center project with the qualifications suggested by Alderman Corson.
Alderman Corson seconded the motion. The motion carried by a vote of 4 -0.
11. CONSIDER A RESOLUTION AUTHORIZING THE APPOINTMENT OF A
BUILDING COMMITTEE TO PROVIDE OVERSIGHT TO TOWN STAFF
CONCERNING THE CONSTRUCTION AND REMODELING OF MUNICIPAL
BUILDINGS.
Interim Town Manager Hennig advised the Board that the approval of this resolution will
formalize the members of the building committee. Mr. Hennig recommended that Head of
School Brizuela and a Foundation member also be included on the committee.
Alderman Corson expressed his desire to — not become a political body and be there for its
original purpose. Get too large, loose ability to function from an operating sense.
Following discussion by the Board, it was the consensus of the Board to add two additional
members to the committee: 1) Head of School or her designee, and 2) a member of the
Westlake Academy Foundation to be named by the Foundation.
MOTION: Alderman Maynard made a motion to adopt Resolution_ No. 08 -11,
authorizing the appointment of a building committee with the two additional
members as stated. Alderman Steger seconded the motion. The motion
carried by a vote of 4 -0.
12. HEAR STATUS REPORT ON CONSTRUCTION OF WESTLAKE ARTS AND
SCIENCES CENTER.
Facilities and Recreation Director Meyer presented and reviewed the preliminary budget for
the project.
13. 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 January 28, 2008.,
B. Review and approve any outstanding bills.
Town of Westlake Board of Aldermen
Regular Meeting
February 11, 2008
Page 5 of 6
MOTION: Mayor Pro Tern Redding made a motion to approve the consent agenda as
presented. Alderman Steger seconded the motion. The motion carried by a
f
vote of 4 -0.
14. STAFF REPORTS.
Interim Town Manager Hennig introduced Director of Financial Services Piper.
A. Hear Financial Report from Director of Financial Services.
Director of Financial Services Piper reviewed the year to date financials for the General
Fund, Utility Fund, and the Visitors Association Fund.
15. TOWN MANAGER'S REPORT.
Interim Town Manager Hennig addressed the Board regarding the following:
- Expressed his appreciation to those who addressed the Board during the Board of
Trustees meeting with regard to Westlake Academy.
- Advised the Board that he is expecting a proposal within the next two weeks to
considering conducting a, community survey.
16. MAYOR AND ALDERMEN REPORTS / COMMENTS.
Alderman Corson inquired as to the status of the joint meeting with the Town of Trophy
Club and City of Roanoke.
Executive Assistant Awtry advised that a date has not _yet been agreed upon; and advised
that she would follow up with the Board to confirm a date.
17. EXECUTIVE SESSION
Mayor Bradley recessed the regular session of the Town of Westlake Board of Aldermen
meeting at 9:25 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 551.074
to discuss personnel matters.
Mayor Bradley convened the executive session at 9:30 p.m. The executive session
adjourned at 10:54 p.m.
18. RECONVENE MEETING.
Mayor Bradley reconvened the meeting at 10:55 p.m.
Town of Westlake Board of Aldermen Page 6 of 6
Regular Meeting
February 11, 2008
19. EXECUTIVE SESSION ACTION.
No action was taken.
20. ADJOURNMENT.
There being no further business, Mayor Bradley adjourned the meeting at 10:55 p.m.
APPROVED BY THE BOARD OF ALDERMEN ON FEBRUARY 25, 2008.
Scott Bradley, Mayor
ATTEST:
Kim Sutter, TRMC, Town Secretary
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
BOARD OF ALDERMEN REGULAR MEETING
February 11, 2008
PRESENT: Mayor Scott Bradley and Aldermen Larry Corson, Kevin Maynard, Don Redding,
and Pete Steger.
ABSENT: Alderman Bob Timmerman.
OTHERS PRESENT: Interim Town Manager Joe Hennig, Town Attorney Stan Lowry,
Town Secretary Kim Sutter, DPS Director Don Wilson, Facilities and
Recreation Director Troy Meyer, and Finance Director Debbie Piper.,
Executive Assistant Ginger Awtry, and Westlake Academy
Foundation Executive Director Angie Gofredo.
1. CALL TO ORDER.
Mayor Bradley called the meeting to order at 8:42 p.m.
2. CITIZENS' PRESENTATIONS.
Mrs. Becky Rogers, 1730 J.T. Ottinger Road, Westlake, asked the Board to adopt a Code of
Conduct that extends to elected and appointed officials. Checks and balances on a quarterly
basis. Board members serving on multiple boards.
3. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE APPROVING
AN APPLICATION FOR A SPECIFIC USE PERMIT FOR A PRIVATE WATER
WELL TO BE LOCATED ON 2020 POST OAK PLACE; VAQUERO - ARTHUR
ADDITION, PHASE 3; LOT 26, BLK K.
Mayor Bradley introduced the item and opened the public hearing.
There being no one wishing to speak, Mayor Bradley closed the public hearing.
Town of Westlake Board of Aldermen
Regular Meeting
February 11, 2008
Page 2 of 6
MOTION: Alderman Redding made a motion to adopt Ordinance No. 586, as
presented. Alderman Steger seconded-the motion. The motion carried by a
vote of 4 -0
4. CONSIDER AN ORDINANCE CALLING AND ORDERING A GENERAL AND
SPECIAL ELECTION TO BE HELD ON MAY 10, 2008.
Mayor Bradley introduced the item and asked for a motion.
MOTION: Alderman Maynard made a motion to adopt Ordinance No. 587, as
presented. Alderman Corson seconded the motion. The motion carried by a
vote of 4 -0.
5. CONSIDER A RESOLUTION APPOINTING A MEMBER TO THE WESTLAKE
ACADEMY FOUNDATION BOARD OF DIRECTORS.
Mayor Bradley introduced the item and asked for a motion.
MOTION: Alderman Steger made a motion to adopt Resolution No. 08 -05, appointing
Dr. Shezad Malik to the Westlake Academy Foundation Board of Directors.
Alderman Maynard seconded the motion. The motion carried by a vote of 4-
0.
6. CONSIDER A RESOLUTION APPROVING THE ADDITION OF GOOD FRIDAY
TO THE TOWN OF WESTLAKE'S OFFICIALLY RECOGNIZED HOLIDAYS.
Mayor Bradley introduced the item and asked for a motion.
MOTION: e edding made a motion to adopt Resolution No. 08 -06, as
46�sentd. Alderman Maynard seconded the motion. The motion carried by
a vote of 4 -0. _
7. CONSIDER A RESOLUTION APPROVING AN AMENDMENT TO THE JOINT
ENGINEERING SERVICES CONTRACT WITH GRAHAM ASSOCIATES, INC.
AND THE CITY OF KELLER, CITY OF SOUTHLAKE AND TOWN OF
WESTLAKE FOR ENGINEERING AND DESIGN SERVICES REGARDING THE
FM 1938 EXPANSION PROJECT.
lr� �
Interim Town Manager Hennig additional cost associated with on -going project.
r MOTION: Alderman Corson made a motion to adopt Resolution No. 08 -08, as
presented. Alderman Steger seconded the motion. The motion carried by a
vote of 4 -0.
8. CONSIDER A RESOLUTION APPROVING A SECOND AMENDMENT TO THE
INTERLOCAL AGREEMENT WITH TARRANT COUNTY, DENTON COUNTY,
Town of Westlake Board of Aldermen
Regular Meeting
February 11, 2008
Page 3 of 6
CITY OF KELLER, CITY OF SOUTHLAKE AND THE TOWN OF WESTLAKE
REGARDING THE ADDITIONAL CONTRIBUTION FROM TARRANT COUNTY
AND MEMORIALIZING THE PARTIES' OBLIGATIONS AND
RESPONSIBILITIES REGARDING A RIGHT OF WAY ACQUISTION AND THE
FM 1938 EXPANSION PROJECT.
TM Hennig — expressed appreciation to Commission Gary Fickes for his commitment to
the project. Let by TXDOT sept and under construction this time next year.
MOTION: Alderman Steger made a motion to adopt Resolution No. 08 -09, as
presented. Alderman Corson seconded the motion. The motion carried by a
vote of 4 -0.
9. CONSIDER A RESOLUTION APPROVING A BUDGET AMENDMENT AND
RELATED AGREEMENT WITH RODGERS CONSTRUCTION COMPANY FOR
THE WEST SIDE PUMP STATION IMPROVEMENTS.
Interim Town Manager Hennig advised the Board that the project costs exceeds the
budgeted amount by $18,000.
U �"
MOTION: Alderman Corson made a motion to adopt Resolution No. 08 -10, as
presented. Alderman Redding seconded the motion. The motion carried by a
vote of 4 -0.
10. CONSIDER APPROVAL FOR THE RELEASE OF A REQUEST FOR
QUALIFICATIONS (RFQ) AS IT RELATES TO THE WESTLAKE ARTS AND
SCIENCES CENTER PROJECT.
Facilities and Recreation Director Meyer addressed the Board regarding the item.
Alderman Corson — related to timing (2009 school year). One thing referenced is scope of
work and schedule, put something incentives for early completion or penalties for delays. 2)
���w" •concern regarding change orders
eyer, o e u let oin`` eav�we m rocess.
P Y p
MOTION: Alderman Redding made a motion to approve the release of a Request for
Qualifications as it relates to the Westlake Arts and Sciences Center project
�`fw,�ith qualifications added. Alderman Corson seconded the motion. The
`C>iotion carried by a vote of 4 -0.
11. CONSIDER A RESOLUTION AUTHORIZING THE APPOINTMENT OF A
BUILDING COMMITTEE TO PROVIDE OVERSIGHT TO TOWN STAFF
CONCERNING THE CONSTRUCTION AND REMODELING OF MUNICIPAL
Town of Westlake Board of Aldermen Page 4 of 6
Regular Meeting
February 11, 2008
BUILDINGS.
Mayor Bradley introduced the item and asked for a motion.
ITM formalize bldg committee. Some discussion to consider a foundation member and
Barbara B.
KM — Barbara or designee of BB and at least one member of.the Foundation.
PS — recommend Rick Rennhack serve on the Board.
LC — not become a political body and be there for its original purpose. Get too large, loose
ability to function from an operating sense.
PS- Mike Garabedian.
LC — let the Foundation decide on who they want.
i� Add BB or her designee and one member
" MOTION: Alderman Maynard made a motion to adopt Resolution No. 08 -11, add BB
or designee and a foundation board member to be named by the Foundation.
Alderman Steger seconded the motion. The motion carried by a vote of 4 -0.
12. HEAR STATUS REPORT ON CONSTRUCTION OF WESTLAKE ARTS AND
10/ SCIENCES CENTER.
Facilities and Recreation Director Meyer presented the Board a preliminary budget for the
project. 1e_
13. CONSENT AGENDA. Cos- -
Mayor Bradley introduced the item and asked for a motion. <-;5 i
A. Review and approve minutes of the Board of Aldermen pre -board and regular meetings \
held on January 28, 2008.
B. Review and approve any outstanding bills.
MOTION: Alderman Redding made a motion _ to. approve the consent agenda asp
presented. Alderman Steger seconded the motion. The motion carried by a
vote of 4 -0.
14. STAFF REPORTS.
A. Hear Financial Report from Director of Financial Services.
Town of Westlake Board of Aldermen
Regular Meeting
February 11, 2008
Page 5 of 6
Director of Financial Services Piper reviewed the year to date financials for the General
Fund, Utility Fund, and the Visitors Association Fund, and reported that all funds are
healthy.
—
15. TOWN MANAGER'S REPORT.
Interim Town Manager Hennig expressed his appreciation to those who spoke earlier
regarding Westlake Academy.
Community -Surveys — awaiting proposal to conduct a survey — hopes to have proposal in
�¢J two weeks.
U Financial analysis very good.
16.— MAYOR AND ALDERMEN REPORTS / COMMENTS.
Alderman Corson — joint meeting
GA — no date as of yet.
17. EXECUTIVE SESSION
Mayor Bradley recessed the regular session of the Town of Westlake Board of Aldermen
' T.... `___ Meeting at 9:25 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 551.074
to discuss personnel matters.
Mayor Bradley convened the executive session at 9:30 p.m. The executive session
adjourned at 10:54 p.m.
18. RECONVENE MEETING.
19. EXECUTIVE SESSION ACTION.
20. ADJOURNMENT.
There being no further business, Mayor Bradley adjourned the meeting at 10:55 p.m.
Town of Westlake Board of Aldermen
Regular Meeting
February 11, 2008
APPROVED BY THE BOARD OF ALDERMEN ON FEBRUARY 25, 2008.
Scott Bradley, Mayor
ATTEST:
Kim Sutter, TRMC, Town Secretary
Page 6 of 6
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Joe C. Hennig, Interim Town Manager
Eddie Edwards, Director of Planning and Development
Subject: Regular Meeting of February 11, 2008
Date: February 5, 2008
ITEM
Conduct a Public Hearing and consider an Ordinance approving an application for a
specific use permit for a private water well to be located at 2020 Post Oak Place in the
Vaquero Arthur Addition — Phase 3; Lot 26, Block K.
BACKGROUND
The operation of private water wells supports the policy of the Town to provide for an
aesthetic living environment that promotes the development of green spaces, the
preservation of trees, and the maintenance of a rural setting. The extensive landscaping,
tree preservation and mitigation policies of the Town are in fact dependent on the ability
of the development community to maintain the living material in a healthy state. This
requires that an alternative source of water, other than public water supply, be utilized.
From a planning perspective the siting of a water well should address land use
considerations such as compatible land uses, adverse performance impacts, and
accessibility. There is ample opportunity to screen the site from adjacent. property. In
fact, water wells of this type are normally very low in profile and are usually screened by
natural trees and vegetation.
We do not see the need for dedicated rights =of -way or easements for the access roads,
however, the applicant should illustrate how the well will be serviced so as not to
interrupt neighboring property owners.
As the Town considers the application for a Specific Use Permit (SUP) for a water well,
it is important that we establish the appropriate standard of review. Specific Use Permits
are generally applied to uses that encompass intensity levels of a type which require
special treatment or location to ensure compatibility with surrounding properties and
uses. As an example, a convenience store with high traffic volumes and significant
Outside lighting, should only be allowed adjacent to residential homes when its harmful
elements can be alleviated or compensated for by landscape screening, access
restrictions, low -glare lighting, or the like: Allowing such a use "by right" would not
allow for individual consideration of those factors. Conversely, prohibiting the use
entirely would result in certain necessary uses being. located only in areas where the use
is impractical. Matters such as those discussed above constitute the proper standard of
review when considering this SUP application. As is explained below, however,
concerns about the protection of the Town's underground water supply are not a
permissible basis for the denial of an SUP for a water well.
The State of Texas operates under the same rule of capture with respect to both its water
and petroleum resources. That rule can be best summarized by the most definitive Texas
Supreme Court case on the issue of water use when it ruled as follows:
absent malice or willful waste, landowners have a right to take all the water they
can capture under their land and do with it whatever they please, and they will not
be liable for their neighbors even if in so doing they deprive their neighbors of the
water's use. Sipriano v. Great Spring Waters of America, Inc., 1 S.W. 3d 75, 76
(Tex. 1999).
That decision, which makes clear that neither the Town nor the courts can regulate the
amount of water taken from wells, is based on the premise that the Texas legislature has
specifically reserved to itself the authority to establish rules regarding groundwater. Id.
At 77. The legislative structure regarding the rule of capture has been in place since 1904.
Id. At 78. In light of the existing precedent on this matter, the Planning and Zoning
Commission and.the Board should limit their. review to the compatibility of the proposed
use with the surrounding properties and uses.
In summary, the Specific Use Permit application filed. by Simmons Estate Homes for
homeowner Sharon and David Gibbs for 2020 Post Oak Place should be considered
based only on any potentially harmful impact its location and placement might have on
adjacent properties and uses, exclusive of any consideration of groundwater conservation.
In light of the location of the subject water well, and its limited potential impact on
surrounding properties and uses, staff recommends approval. The Planning and Zoning
Commission met on January 24, 2008, concerning this case and did approve the
application for this water well.
APPROVED BY:
T wn an er's ice
IT4w n Secretary's Office
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2008 -01 -18 10;54 ALPHA 9406278760 >> 8173296982 P U1
ALPHA OMEGA WATER WELL
1308 N. HWY 287
DECATUR,TX.. 76234
PHONE /FAX
940-627 -8760
DATE: 01/1810 3
TO; SIMMONS ESTATE HOMES
REGARDING
DRAWING AND MEASUREMENT OF AREA OF WATER WELL
.DEAD AND PRESSURE TANK
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TOWN.OF WESTLAKE
ORDINANCE NO. 586
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, BY
GRANTING A SPECIAL USE PERMIT FOR A PRIVATE WATER WELL, LOCATED AT
2020 POST OAK PLACE IN THE VAQUERO ARTHUR ADDITION -PHASE 3; LOT 26,
BLOCK K; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00)
DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Town of Westlake's Board of Aldermen finds and determines, on the basis of
facts presented on the application for a Special Use Permit and at the public hearings on same, the
following:
That the proposed use is consistent with the existing uses of adjacent and nearby property;
2. That the proposed use is not inconsistent with: (a) the reasonably foreseeable uses of adjacent
and nearby property anticipated to be in place upon expiration of the term of the Specific Use
Permit; and (b) the use of the property contemplated by the Town's Comprehensive Plan, as in
effect on the date of granting of said permit;
3. That the proposed use will not impair development of adjacent and nearby property in
accordance with said Comprehensive Plan;
4. That the proposed use will not adversely affect the Town's Thoroughfare Plan and traffic
patterns, as in effect at the time of granting of said permit, and as contemplated by the Town's
Comprehensive Plan.
WHEREAS, the Planning and Zoning Commission of the Town of Westlake and the Town of
Westlake Board of Aldermen, in compliance with the Code of Ordinances of the Town of Westlake
and State Law with reference to the granting of Special Use Permits under the Zoning Ordinance and
Zoning Map, have given the requisite notices by publication and otherwise, and after holding hearings
and affording a full and fair process to all property owners generally, and to the persons interested and
situated in the affected area and in the vicinity thereof, the Board of Aldermen of the Town of
Westlake is of the opinion that said change in zoning use should be made, subject to the conditions set
out herein.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1. That all matters stated in the preamble are found to be true and correct and are
incorporated herein as if copied in their entirety.
SECTION 2. That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, be,
and the same is hereby amended, by amending the Zoning Map of the Town of Westlake so as to grant
a Special Use Permit, for a private water well, located within the property at 2020 Post Oak Place
owned by Sharon and David Gibbs.
SECTION 3. That the above described property shall be used only in the manner and for the
purpose provided in the Unified Development Code and the Comprehensive Zoning Ordinance of the
Town of Westlake as herein amended by the granting of a Special Use Permit and approval of an
associated location plan for private water well and incorporated herein by reference.
SECTION 4. That any person, firm or corporation violating any of the provisions or terms of
this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed
the sum of Two Thousand Dollars ($2,000.00) for each offense.
SECTION 5. If any section, paragraph, subdivision, clause, phrase or provision of this
ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that portion so decided to be invalid or
unconstitutional.
SECTION 6. In addition to and accumulative of all other penalties, the Town shall have the
right to seek injunctive relief for any and all violations of this ordinance.
SECTION 7. This ordinance shall take effect immediately from and after its passage as the law
in such case provides.
PASSED AND APPROVED ON THIS 11th DAY OF FEBRUARY 2008.
ATTEST:
Kim Sutter, TRMC, Town Secretary
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
Scott Bradley, Mayor
Joe C. Hennig, Interim Town Manager
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Joe C. Hennig, Interim Town Manager
Kim Sutter, Town Secretary
Subject: Regular Meeting of February 11, 2008
Date: February 5, 2008
ITEM
Consider an Ordinance calling and ordering a General and Special election to be held on
May 10, 2008.
BACKGROUND
The terms for Mayor Bradley and Aldermen Maynard, Steger, and Timmerman will
expire May 2008. The Board is required to order the general election to elect a Mayor
and two Aldermen to serve two (2) year terms no later than March 10, 2008. The terms
will expire May 2010.
Alderman Kevin Maynard was appointed in January 2008 to fill the unexpired term
created by the resignation of Ms. April Gallagher. In accordance with Section 22.010(b)
of the Texas Local Government Code, the person appointed to fill a vacancy serves until
the next regular municipal election. Therefore it is necessary for the Board to order a
special election to fill the unexpired term. The unexpired term expires May 2009.
The Town Secretary has notified the County of a possible election and will present the
joint election contract to the Board for consideration at the March 24, 2008, regular board
meeting.
FUNDING
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4Twn Secretary's Office
TOWN OF WESTLAKE
ORDINANCE NO. 587
AN ORDINANCE OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE,
TEXAS, CALLING AND ORDERING AN ELECTION FOR THE PURPOSE OF
ELECTING A MAYOR AND TWO (2) ALDERMEN; AND ORDERING A SPECIAL
ELECTION FOR THE PURPOSE OF ELECTING ONE (1) ALDERMAN TO AN
UNEXPIRED TERM TO BE HELD ON MAY 10, 2008, IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 23.023, TEXAS LOCAL GOVERNMENT CODE;
ESTABLISHING PROCEDURES FOR THE ELECTION; AND PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1. Election Order for General Election. That an election shall be held at the
Town Offices, 3 Village Circle, in the Town of Westlake, Texas, between the hours of 7:00 a.m. and
7:00 p.m. on the 10TH day of May 2008, the second Saturday of that month, for the purpose of
electing a Mayor and two (2) Aldermen for two (2) year terms, in accordance with Section 23.023 of
the Texas Local Government Code.
SECTION 2. Election Order for Special Election That an election shall be held at the
Town Offices, 3 Village Circle, in the Town of Westlake, Texas, between the hours of 7:00 a.m. and
7:00 p.m. on the 10TH day of May 2008, the second Saturday of that month, for the purpose of
electing one (1) Alderman to an unexpired term, in accordance with Section 22.010 of the Texas
Local Government Code.
SECTION 3. Polling Place. The polling place for the Election shall be as follows.
Westlake Town Offices
3 Village Circle
Westlake, Texas
The polls shall be open from 7:00 a.m. to 7:00 p.m. on May 10, 2008, in accordance with and
pursuant to the requirements of the Texas Election Code (the "Code ").
The Town shall constitute a single election precinct for said election.
SECTION 4. Filing Dates. In accordance with Section 143.007 of the Code, eligible
persons wishing to become candidates must file an application with the Town Secretary of the Town
of Westlake, Texas, on or before the 10TH day of March 2008 until 5:00 o'clock p.m. Each
application shall be on a form meeting the requirements of Section 141.031 of the code.
Ordinance Calling and Ordering May 2008 Election Page 1 of
February 11, 2008
SECTION 5. Combined Ballots. Combined ballots may be utilized containing all of the
offices and propositions to be voted on at each polling place, provided that no voter shall be given a
ballot or permitted to vote for any office or proposition on which the voter is ineligible to vote. The
County's voting equipment will be utilized for this election.
SECTION 6. Early Voting. Early Voting by personal appearance shall be conducted at the
County's Main Early Voting location;
Tarrant County Elections Center
2700 Premier Street
Fort Worth, Texas 76111
and branch offices for early voting by personal appearance shall be established as outlined in the
election agreement with Tarrant County. Steve Raborn, Tarrant County Elections Administrator, is
hereby appointed as the Early Voting Clerk and can appoint the necessary deputy clerks as required
for early voting. In accordance with Section 85.001 of the Texas Election Code, early voting by
personal appearance shall be as set forth below:
April 28 through May 2 (Monday — Friday) 8:00 a.m. to 5:00 p.m.
May 3 (Saturday) 7:00 a.m. to 7:00 p.m.
May 4 (Sunday) 11:00 a.m. to 4:00 p.m.
May 5 through May 6 (Monday — Tuesday) 7:00 am. to 7:00 p.m.
For the purpose of processing ballots cast in early voting, the election officers for the early voting
ballot board shall be appointed and designated in accordance with the provisions of the election
agreement with the Tarrant County Elections Administrator.
Application for ballot by mail may be sent beginning March 11, 2008, but received no later
than May 2, 2008, and mailed to:
Steve Raborn
Early Voting Clerk
P.O. BOX 961011
Fort Worth, Texas 76161 -0011
SECTION 7. Notice. Notice of said elections shall be given as required by the Texas
Election Code.
SECTION 8. Election Officials. The election judge, alternate election judge, and ballot
board will be appointed by the Tarrant County Elections Administrator, as permitted by law. The
presiding judge shall appoint elections clerks as may be necessary for the proper conduct of the
election. The election judge, or the alternate election judge in the absence of the election judge, and
the election clerks shall constitute the early voting ballot board. The election judge, and alternate
election judge, and election clerks shall be qualified voters of the Town.
SECTION 9: Election Results. That the candidate for Mayor and the two (2) candidates for
Aldermen who receive the highest number of votes shall be elected to two (2) year terms;
Ordinance Calling and Ordering May 2008 Election Page 2 of 4
February 11, 2008
That the candidate for Alderman who receives the highest number of votes shall be elected to
the an unexpired term,
The Mayor shall deliver a certificate of election to the successful candidates. If two or more
candidates tie with the same number of votes so that one or more of the tied candidates would not be
elected, the Board of Aldermen shall order a second election to be held on June 14, 2008, at which
only the names of the. candidates who receive the same number of votes at the first election shall be
printed on the ballot. In the event of a tie at the second election, the tied candidates shall cast_ lots to
determine which one shall be declared elected; and
SECTION 10. Governing Law. The election shall be held in accordance with the
Constitution of the State of Texas and the Texas Election Code, and all resident qualified voters of
the Town shall be eligible to vote at the election.
SECTION 11. Submission to the United States Justice Department. The Town Secretary
of the Town of Westlake, Texas, or the Town Attorney, is authorized to make such submissions as
are necessary to the United States Justice Department to seek pre - clearance as required by law.
SECTION 12. Necessary Actions. The Mayor and the Town Secretary, in consultation
with the Town Attorney, are authorized and directed to take all actions necessary to comply with the
provisions of the Texas Election Code, and the Town Code in carrying out and conducting the
election, whether or not expressly authorized by this Order.
SECTION 13. Severability Clause. It is hereby declared to be the intention of the Board of
Aldermen that the sections, paragraphs, sentences, clauses and phrases of this order are severable and
if any phrase, clause, sentence, paragraph, or section shall be declared invalid or unconstitutional by
the valid judgment or decree of any court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this order, since the same would have been enacted by the Board of Aldermen without the
incorporation in this order of any such invalid or unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 14. Effective Date. This order shall be effective upon its adoption.
PASSED AND APPROVED ON THIS 11TH DAY OF FEBRUARY 2008.
APPROVED:
Scott Bradley, Mayor
Ordinance Calling and Ordering May 2008 Election Page 3 of 4
February 11, 2008
ATTEST:
Kim Sutter, TRMC, Town Secretary
APPROVED:
L. Stanton Lowry, Town Attorney
Ordinance Calling and Ordering May 2008 Election
February 11, 2008
Joe C. Hennig, Interim Town Manager
Page 4 of 4
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Joe Hennig, Interim Town Manager
Angie Gofredo, Executive Director, Westlake Academy. Foundation
Subject: February 11, 2008 Meeting
Date: February 5, 2008
ITEM
Consider a resolution appointing a member to the Westlake Academy Foundation Board
of Directors.
BACKGROUND
At the present time, one position on the Board of Directors for the Westlake Academy
Foundation requires the Board to ratify their appointment. A recommendation has been
made to consider Dr. Shezad Malik to fill one of the open positions as a Director on this
Board.. With this position filled, the current available positions on the board will now be
five.
A DDDl1t7UY% DV. - ,
Secretary's Office
TOWN OF WESTLAKE
RESOLUTION NO. 08 -05
APPOINTING DR. SHEZAD MALIK TO FILL THE POSITION OF DIRECTOR
ON THE WESTLAKE ACADEMY FOUNDATION BOARD OF DIRECTORS,
AND RESOLVING RELATED MATTERS.
WHEREAS, the Board of Aldermen desires to appoint Dr. Shezad Malik to fill
the position of Director on the Westlake Academy Foundation Board of Directors and to
ratify and confirm all actions taken by or on behalf of the Town prior to the adoption of
this resolution in connection with making this appointment; and
WHEREAS, the meeting at which this Resolution has been considered was open
to the public as required by law, and public notice of the time, place, and subject of the
meeting has been given in accordance with Chapter 551, Government Code;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF
THE TOWN OF WESTLAKE, TEXAS:
SECTION 1. The findings and declarations contained in the preamble of this
Resolution are hereby incorporated as part of this Resolution.
SECTION 2. This Board of Aldermen hereby appoints Dr. Shezad Malik to the
position of Director on the Westlake Academy Foundation Board of Directors and ratifies
and confirms all actions taken by or on behalf of the Town prior to the adoption of this
resolution in connection with making this appointment.
SECTION 3. This Resolution shall take effect immediately upon its adoption.
PASSED AND PPROVED ON THIS 1 I 1 DAY OF FEBRUARY 2008
ATTEST:
Kim Sutter, TRMC, Town Secretary
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
Scott Bradley, Mayor
Joe C. Hennig, Interim Town Manager
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Joe Hennig, Interim Town Manager
Todd Wood, Director of Administrative Services
Subject: Regular Meeting of February 11, 2008
Date: February 6, 2008
ITEM
Consider a Resolution approving the addition of Good Friday to the Town of Westlake's officially
recognized holidays.
BACKGROUND
The Town of Westlake currently observes nine official holidays. During observance of these
holidays, Town offices are closed. In the event that an approved holiday falls on a weekend, the
holiday is observed on the preceding Friday or the following Monday. Emergency services are
unaffected by observed holidays, as DPS employees utilize a floating holiday bank to accommodate
the nature of their work schedules. Neither would this holiday affect the ability of Town employees
to respond to urgencies if required.
In a survey of 42 cities within the DFW metroplex, the number of observed holidays varied between
eight and fourteen days annually. The addition of Good Friday would enhance the Town's benefit
package, making it more comparable to the median number of holidays recognized by other cities
and give Westlake a total of ten holidays.
Good Friday is recommended for adoption due to its proximity on the calendar. The first two
holidays observed each calendar year are New Year's Day and Memori al Day. The result is a five
month period between holidays. Good Friday is a logical choice for an additional holiday, as it
normally occurs in the middle of this five -month period.
This additional holiday was discussed in the Special Called Board of Aldermen meeting on
December 15`h and verbal approval was given to proceed. The Board of Aldermen calendar adopted
at the January 14, 2008, Board of Aldermen meeting reflected the additional holiday and this
additional day will be included in the Town of Westlake personnel manual and payroll calendar as
necessary.
APPROVED BY:
own Mana er's Off e
T n Secretary's Office
TOWN OF WESTLAKE
RESOLUTION NO. 08 -06
APPROVING THE ADDITION OF GOOD FRIDAY TO THE TOWN OF
WESTLAKE'S OFFICIALLY RECOGNIZED HOLIDAYS.
WHEREAS, the goal of the Town of Westlake is to provide policies and benefits
that are competitive to surrounding cities; and
WHEREAS, the Town of Westlake recognizes that the proximity of Good Friday
on the calendar is ideal as an addition to currently recognized holidays; and
WHEREAS, the Town of Westlake recognizes that responses for emergency
services and urgent service requests within our community will be unaffected by the
addition of this holiday;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF
THE TOWN OF WESTLAKE:
SECTION 1. That this Board of Aldermen does hereby approve the adoption of
Good Friday as an officially recognized Town Holiday in the Town of Westlake, Texas.
SECTION 2. That this Resolution shall become effective upon the date of its
passage.
PASSED AND APPROVED ON THIS 1111-1 DAY OF FEBRUARY 2008.
Scott Bradley, Mayor
ATTEST:
Kim Sutter, TRMS, Town Secretary Joe C. Hennig, Interim Town Manager
APPROVED AS TO FORM
L. Stanton Lowry, Town Attorney
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Joe C. Hennig, Interim Town Manager
Subject: Regular Meeting of February 11, 2008
Date: February 6, 2008
ITEM
1) Consider a Resolution approving an amendment to the joint engineering services contract
with Graham Associates, Inc, and the City of Keller, City of Southlake, and the Town of
Westlake for engineering and design services regarding the FM 1938 expansion project.
2) Consider a Resolution approving a second amendment to the Interlocal Agreement with
Tarrant County, Denton County, City of Keller, City of Southlake and the Town of Westlake
regarding the additional contribution from Tarrant County and memorializing the parties'
obligations and responsibilities regarding a Right -of -Way acquisition and the FM 1938
expansion project.
BACKGROUND
In March of 2001, the Town of Westlake, the City of Southlake, and the City of Keller entered
into a contract agreement for engineering services with Graham Associates, Inc. for the design of
the thoroughfare and preparation of right -of -way (ROW) documents for the extension of F.M.
1938 along the route of Randol Mill Road and Precinct Line Road from F.M. 1709 to S.H. 114.
Tarrant County and Denton County are assisting with the project ROW acquisition through an
Interlocal Agreement with all three cities. Each City has to pay for its own design surveying and
ROW costs. Funding for the engineering was split between the three cities based on their
frontage on the project after subtracting all the contributed engineering funds from large property
owners. The design project has had some difficulties over the last seven years that have caused
delays. The project was divided into two phases with the northern section being almost entirely
in Westlake. Practically all the ROW needed in Westlake has been acquired. The engineer has
recently submitted 90% complete plans for Phase I to the Texas Department of Transportation
( TXDOT) for review and received comments. The Environmental Assessment (EA) has been
reviewed and approved by TXDOT for submittal to the Federal Highway Administration. The
Phase I portion of the referenced project is currently scheduled to be let by TXDOT in
September of 2008.
The construction cost estimates have increased over the last seven years. The current cost
estimate for engineering, ROW acquisition, TXDOT review and inspection, and construction of
this project is $41,300,000. The funding for this regional project has recently been increased to
cover this amount by the Regional Transportation Council (RTC). The Federal, State, and Local
funds have been committed for the entire project.
Graham Associates, Inc. has incurred and will incur additional engineering costs on this project
due to splitting the project into two phases, additional requirements on the EA by TXDOT,
subsurface utility engineering investigation and plans required by TXDOT, some offsite drainage
problems with Phase I, and some unforeseen additional ROW research and strip map revisions:
The additional money needed to cover these fees and finish Phase I is $331,492. Additional
engineering fees for Phase II have also increased by $485,515. All three cities have reviewed
Graham's breakdown of these additional costs and feel they are reasonable. Currently, the major
concern by all three cities, counties, RTC, and TXDOT is to get the first phase of this project
under construction.
The second part to this amendment process pertains to the Interlocal Agreement. Tarrant County
Precinct 3 Commissioner Gary Fickes speaking for the entire Commissioner's Court has now
offered additional money not to exceed $1,000,000 to be utilized for this project for engineering
and ROW acquisition to help expedite getting this regionally important project under
construction. This will cover all the additional engineering costs for Phase 1 so the cities will
not have to appropriate any additional funds at this time. As a reminder, the funds will be paid to
Westlake, depository of this money, to disperse the money for all parties as budgeted invoices
are submitted. The additional commitment from Tarrant County is attributable to the additional
expenses for the Environment Assessment (EA), Subsurface Utility Engineering (SUE), and
other additional engineering costs necessary for the completion of Phase I.
4Tn Secretary's Office
TOWN OF WESTLAKE
RESOLUTION NO. 08-08
APPROVING AN AMENDMENT TO THE JOINT ENGINEERING SERVICES
CONTRACT WITH GRAHAM ASSOCIATES INC. AND THE CITY OF
KELLER, CITY OF SOUTHLAKE, AND TOWN OF WESTLAKE FOR
ENGINEERING AND DESIGN SERVICES REGARDING THE FM 1938
EXPANSION PROJECT.
WHEREAS, in March of 2001, the Cities of Southlake and Keller, and the
Town of Westlake entered into a contract agreement for engineering services with
Graham Associates, Inc. for the design of the thoroughfare and preparation of right -of-
way (ROW) documents for the extension of F.M. 1938 along the route of Randol Mill
Road and Precinct Line Road from F.M. 1709 to S.H. 114; and,
WHEREAS, Graham Associates, Inc. has incurred and will incur additional
engineering costs on this project due to splitting the project into two phases, additional
requirements on the Environmental Assessment Study by the Texas Department of
Transportation (TXDOT), subsurface utility engineering investigation/plans required by
TXDOT, some offsite drainage problems with Phase I, and some unforeseen additional
ROW research and strip map revisions, and,
WHEREAS, the additional funds needed to cover the Phase 1 engineering fee
increase is $331,492; and,
WHEREAS, all three cities have reviewed the requested Phase I engineering fee
increase and found it reasonable; and,
WHEREAS, Tarrant County Commissioner's Court has offered a not -to- exceed
amount of $1,000,000 to the three cities for their use to cover these project engineering
and ROW costs; and,
WHEREAS, the allocation of $331,492 be funded from funds provided by
Tarrant County as outlined in a Second Amendment to an existing Interlocal Agreement
and budgeted therefore.
WHEREAS, the Board of Aldermen has deemed it necessary and in the best
interest, health, and welfare of the citizens of Westlake and the region to move forward
with this project;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF
THE TOWN OF WESTLAKE:
SECTION 1. That the above findings are hereby found to be true and correct are
incorporated herein in their entirety.
SECTION 2. That the Board of Aldermen of the Town of Westlake hereby
approves the amendment to the joint engineering services contract with Graham
Associates, Inc. and the City of Keller, City of Southlake and the Town of Westlake, as
attached Exhibit "A ", for the engineering and design services regarding the FM 1938
expansion project; and further authorizes the Town Manager to execute all contract
documents relating thereto.
SECTION 3. That this Resolution shall become effective upon the date of its
passage.
PASSED AND APPROVED ON THIS 11TH DAY OF FEBRUARY 2008.
ATTEST:
nim gutter, i tuvi�, i own secretary
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
Scott Bradley, Mayor
Joe C. Hennig, Interim Town Manager
2
THE STATE OF -TEXAS §
§ KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT §
AMENDMENT NO. 1 TO THE JOINT ENGINEERING SERVICES CONTRACT
This Amendment No. 1 to the Joint Engineering Services Contract is entered
into this day of , 2008, by and between the Town of
Westlake, acting through its governing body, the Westlake Board of Aldermen,
the City of Southlake, acting through its governing body, the Southlake City
Council, and the City of Keller, acting through its governing body, the Keller City
Council, Tarrant County, Texas, municipal corporations, hereinafter referred to
collectively as the "CITIES ", and Graham Associates, Inc., hereinafter referred to
as the "ENGINEER ", witnesseth:
WHEREAS, on March 12, 2001, the CITIES entered into a joint contract
(hereinafter referred to as the "CONTRACT ") with the ENGINEER memorializing
the parties' obligations and responsibilities regarding design /engineering and
right -of -way documents for extension and improvement of F.M. 1938 (Randol Mill
Road / Precinct Line Road) from S.H. 114 to F.M. 1709 (Southlake Boulevard)
(hereinafter referred to as the "PROJECT "); and
WHEREAS, the CITIES entered into an Interlocal Agreement with Tarrant
County and Denton County on March 5, 2002 regarding right -of -way acquisition
for this PROJECT; and
WHEREAS, the CITIES amended the Interlocal Agreement with the
Counties on October 24, 2005 to include a contribution from Tarrant County of
$150,000.00 toward preliminary engineering and survey work for the PROJECT;
and
WHEREAS, the CITIES are amending the Interlocal Agreement again to
allow for an additional contribution from Tarrant County of up to $1,000,000.00
for Environmental Analysis Study, Subsurface Utility Engineering Study, and
Engineering Design Fees for the PROJECT to help assure construction will start
as soon as possible; and
WHEREAS, among other things, the CONTRACT set forth how the
CITIES would share the costs of the PROJECT; and
WHEREAS, additional costs have and will be incurred by the ENGINEER
in order to satisfy the Texas Department of Transportation (TXDOT) and the
Federal Highway Administration's (FHWA) requirements.
NOW THEREFORE, for and in consideration of the mutual covenants and
agreements contained in the original CONTRACT and as contained herein, and
for other good and valuable consideration, the receipt and sufficiency of which
are acknowledged, the undersigned agree as follows:
Section 1: THAT, Exhibit'F' of the.CONTRACT titled "Engineering Fees" is
revised to include "Additional Engineering Costs" for Phases I and II
as noted below.
1. Splitting Construction Plans into Two Phases
2. Additional Right -of -Way Research, Surveys,
Strip Map revisions, etc.
3. Offsite Drainage Analysis and Plans
4. Environmental Assessment (Phases I & II)
5. Subsurface Utility Engineering (Phases I & II)
$80,000.00
$56,150.00
$68,295.00
$42,297.00
$84,750.00
Total of Additional Engineering Costs $331,492.00
Section 2: THAT, the CITIES agree to pay additional fees to the ENGINEER
to cover the additional engineering costs outlined in Section 1
above.
Section 3: THAT, the additional monies to pay the fees outlined in Section 1
will be provided by Tarrant County through an amendment to the
existing Interlocal Agreement as part of their "not -to- exceed"
$1,000,000.00 contribution to the PROJECT.
Section 4: THAT, the ENGINEER agrees to work as diligently as he can to
complete Phase I engineering plans and construction documents in
order to meet all TXDOT submittal deadlines leading up to a letting
date for Phase I in the Fall of 2008.
All other provisions of the original CONTRACT shall remain in full force and
effect unless modified by a subsequent written amendment signed by all parties
to the original CONTRACT. This Amendment No. 1 may be executed in multiple
counterparts, attached to the original CONTRACT, and shall collectively
constitute Amendment No. 1 to the CONTRACT.
WITNESS: ENGINEER:
BY:
Printed or Typed Name
Printed or Typed Title
ATTEST:
Kim Sutter, City Secretary
TOWN OF WESTLAKE, TEXAS:
Joe Henni
Printed or Typed Name
Town Manager
Printed or Typed Title
APPROVED AS TO FORM:
L. Stanton Lowry, City Attorney
BY:
ATTEST: CITY OF SOUTHLAKE, TEXAS:
UZ
Lori Payne, City Secretary
Shana Yelverton .
Printed or Typed Name
City Manager
Printed or Typed Title
APPROVED AS TO FORM:
E. Allen Taylor, City Attorney
NM
ATTEST: CITY OF KELLER, TEXAS:
Shelia Stephens, City Secretary
Dan O'Leary
Printed or Typed Name
City Manager
Printed or Typed Title
APPROVED AS TO FORM:
L. Stanton Lowry, City Attorney
Town of Westlake
Memo
To: Honorable Mayor and. Members of the Board of Aldermen
From: Joe C. Hennig, Interim Town Manager .
Subject: Regular Meeting of February 11, 2008
Date: February 6, 2008
ITEM
1) Consider a Resolution approving an amendment to the joint engineering services contract
with Graham Associates, Inc. and the City of Keller, City of Southlake, and the Town of
Westlake for engineering and design services regarding the FM 1938 expansion project.
2) Consider a Resolution approving a second amendment to the Interlocal Agreement with
Tarrant County, Denton County, City of Keller, City of Southlake and the Town of Westlake
regarding the additional contribution from Tarrant County and memorializing the parties'
obligations and responsibilities regarding a Right -of -Way acquisition and the FM 1938
expansion project.
BACKGROUND
In March of 2001, the Town of Westlake, the City of Southlake, and the City of Keller entered
into a contract agreement for engineering services with Graham Associates, Inc. for the design of
the thoroughfare and preparation of right -of -way (ROW) documents for the extension of F.M.
1938 along the route of Randol Mill Road and Precinct Line Road from F.M. 1709 to S.H. 114.
Tarrant County and Denton County are assisting with the project ROW acquisition through an
Interlocal Agreement with all three cities. Each City has to pay for its own design surveying and
ROW costs. Funding for the engineering was split between the three cities based on their
frontage on the project after subtracting all the contributed engineering funds from large property
owners. The design project has had some difficulties over the last seven years that have caused
delays. The project was divided into two phases with the northern section being almost entirely
in Westlake. Practically all the ROW needed in Westlake has been acquired. The engineer has
recently submitted 90% complete plans for Phase I to the Texas Department of Transportation
( TXDOT) for review and received comments. The Environmental Assessment (EA) has been
reviewed and approved by TXDOT for submittal to the Federal Highway Administration. The
Phase I portion of the referenced project is currently scheduled to be let by TXDOT in
September of 2008.
The construction cost estimates have increased over the last seven years. The current cost
estimate for engineering, ROW acquisition, TXDOT review and inspection, and construction of
this project is $41,300,000. The funding for this regional project has recently been increased to
cover this amount by the Regional Transportation Council (RTC). The Federal, State, and Local
funds have been committed for the entire project.
Graham Associates, Inc. has incurred and will incur additional engineering costs on this project
due to splitting the project into two phases, additional requirements on the EA by TXDOT,
subsurface utility engineering investigation and plans required by TXDOT, some offsite drainage
problems with Phase I, and some unforeseen additional ROW research and strip map revisions.
The additional money needed to cover these fees and finish Phase I is $331,492.. Additional
engineering fees for Phase II have also increased by $485,515. All three cities have reviewed
Graham's breakdown of these additional costs and feel they are reasonable. Currently, the major
concern by all three cities, counties, RTC, and TXDOT is to get the first phase of this project
under construction.
The second part to this amendment process pertains to the Interlocal Agreement. Tarrant County
Precinct 3 Commissioner Gary Fickes speaking for the entire Commissioner's Court has now
offered additional money not to exceed $1,000,000 to be utilized for this project for engineering
and ROW acquisition to help expedite getting this regionally important project under
construction. This will cover all the additional engineering costs for Phase 1 so the cities will
not have to appropriate any additional funds at this time. As a reminder, the funds will be paid to
Westlake, depository of this money, to disperse the money for all parties as budgeted invoices
are submitted. The additional commitment from Tarrant County is attributable to the additional
expenses for the Environment Assessment (EA), Subsurface Utility Engineering (SUE), and
other additional engineering costs necessary for the completion of Phase I.
APPROVED BY:
T n Secretary's Office
TOWN OF WESTLAKE
RESOLUTION NO. 08 -09
APPROVING A SECOND AMENDMENT TO THE INTERLOCAL
AGREEMENT WITH TARRANT COUNTY AND DENTON COUNTY
(COUNTIES), AND THE CITY OF KELLER, CITY OF SOUTHLAKE, AND THE
TOWN OF WESTLAKE (CITIES) REGARDING THE ADDITIONAL
CONTRIBUTION FROM TARRANT COUNTY AND MEMORIALIZING THE
PARTIES' OBLIGATIONS AND RESPONSIBILITIES REGARDING THE
RIGHT -OF -WAY. ACQUISITION AND THE FM 1938 EXPANSION PROJECT.
WHEREAS, on March 5, 2002, the COUNTIES and the CITIES entered into an
Interlocal Agreement (hereinafter referred to as the "Agreement ") memorializing the
parties' obligations and responsibilities regarding a right -of -way acquisition and
improvement project for FM 1938 from FM 1709 to SH 114; and
WHEREAS, among other things, the Agreement set forth how the CITIES and
COUNTIES would share the costs of such right -of -way acquisition and improvement
project; and
WHEREAS, the parties to the Agreement entered into an amendment of the
Agreement in July of 2005, amending Article 1 of the Agreement; and
WHEREAS, the parties to the Agreement now desire to amend Article 1 again to
reflect Tarrant County's agreement to contribute funds toward the Environmental
Analysis Study, the Subsurface Engineering Study, and the fees for Engineering Design;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF
THE TOWN OF WESTLAKE:
SECTION 1. That the above findings are hereby found to be true and correct are
incorporated herein in their entirety
SECTION 2. That this second amendment shall replace and supersede the original
Article 1 of the Interlocal Agreement as well as the first amended Article 1 of the
Interlocal Agreement. All other provisions of the original Agreement shall remain in
force and effect unless modified by a subsequent written amendment signed by all parties
to the original Agreement.
SECTION 3. That the Board of Aldermen of the Town of Westlake hereby
approves the second amendment to Article I of the Interlocal Agreement between the
COUNTIES and CITIES, as stated and attached as Exhibit "A "; and further authorizes
the Town Manager to execute all contract documents relating thereto. .
SECTION 4. That this Resolution shall become effective upon the date of its
passage.
PASSED AND APPROVED ON THIS I IT' DAY OF FEBRUARY 2008.
ATTEST:
Kim Sutter, TRMS, Town Secretary
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
Scott Bradley, Mayor
Joe C. Hennig, Interim Town Manager
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT §
SECOND AMENDMENT TO INTERLOCAL AGREEMENT
This Second Amendment to Interlocal Agreement is entered into this _ day of
, 2008, by and between the COUNTY OF TARRANT, acting herein by and
through its governing body, the Tarrant County Commissioners Court, the COUNTY OF
DENTON, acting herein by and through its governing body, the Denton County Commissioners
Court, both hereinafter referred to as COUNTIES, and both being County agencies of the State of
Texas, and the CITY OF KELLER, acting through its governing body, the Keller City Council, the
CITY OF SOUTHLAKE, acting through its governing body, the Southlake City Council, and THE
TOWN OF WESTLAKE, acting through its governing body, the Westlake Board of Aldermen,
hereinafter referred to as the "CITY" or collectively as the "CITIES," witnesseth:
WHEREAS, on March 5, 2002, the COUNTIES and the CITIES entered into an Interlocal
Agreement (hereinafter referred to as the "Agreement ") memorializing the parties' obligations and
responsibilities regarding a right -of -way acquisition and improvement project for FM 1938 from
FM 1709 to SH 114; and
WHEREAS, among other things, the Agreement set forth how the CITIES and COUNTIES
would share the costs of such right -of -way acquisition and improvement project; and
WHEREAS, Article 1 of the Agreement stated:
Location, Surveys and Preparation of Right -of -Way Data: The CITIES,
without cost to the COUNTIES, will do the necessary preliminary engineering and
survey work in order to supply the COUNTIES the data and instruments necessary to
obtain acceptable title to the desired right -of -way. Engineering and survey work
shall meet minimum State design standards.
and
WHEREAS, the parties to the Agreement entered into an amendment of the Agreement in
July of 2005, amending Article I of the Agreement as follows:
Location Surveys and Preparation of Right -of -Way Data: The CITIES will do the
necessary preliminary engineering and survey work in order to supply the COUNTIES the
data and instruments necessary to obtain acceptable title to the desired. right -of -way. The
CITIES shall do this without cost to the COUNTIES, except that TARRANT COUNTY
agrees to contribute ONE HUNDRED FIFTY THOUSAND and NO /100 DOLLARS
($150,000.00) toward these costs and agrees to pay this amount to THE TOWN OF
WESTLAKE. Engineering and survey work shall meet minimum State design standards.
Amendment to Interlocal Agreement
Pagel of 3
and
WHEREAS, the parties to the Agreement now desire to amend Article 1 again to reflect
Tarrant County's agreement to contribute funds toward the Environmental Analysis Study, the
Subsurface Engineering Study, and the fees for Engineering Design.
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
contained in the original Agreement and as contained herein, and for other good and valuable
consideration, the receipt and sufficiency of which are acknowledged, the undersigned agree that
Article 1 of the Agreement as amended is hereby amended a second time as follows:
1:
Location Surveys and Preparation of Right -of -Way Data: The CITIES will do the necessary
preliminary engineering and survey work in order to supply the COUNTIES the data and
instruments necessary to obtain acceptable title to the desired right -of -way. The CITIES shall do
this without. cost to the COUNTIES, except that TARRANT COUNTY agrees to contribute ONE
HUNDRED FIFTY THOUSAND and NO /100 DOLLARS ($150,000.00) toward these costs and
agrees to pay this amount to THE TOWN OF WESTLAKE. Furthermore, TARRANT COUNTY
agrees to contribute up to, but not exceeding, ONE MILLION and NO /100 DOLLARS
($1,000,000.00) for the Environmental Analysis Study, the Subsurface Engineering Study, and for
Engineering Design Fees. Engineering and survey work shall meet minimum State design
standards.
This second amendment shall replace and supersede the original Article 1 of the Agreement
as well as the first amended Article 1 of the Agreement. All other provisions of the original
Agreement shall remain in force and effect unless modified by a subsequent written amendment
signed by all parties to the original Agreement.
This second amendment may be executed in multiple counterparts, attached to the original
Agreement, and shall collectively constitute the Second Amendment to the Agreement.
COUNTY OF TARRANT
COUNTY JUDGE
CITY OF SOUTHLAKE
AUTHORIZED CITY OFFICIAL
Attest:
Amendment to Interlocal Agreement
Page 2 of 3
COUNTY OF DENTON
COUNTY JUDGE
TOWN OF WESTLAKE
AUTHORIZED TOWN OFFICIAL
Attest:
APPROVAL OF CITY ATTORNEY APPROVAL OF TOWN ATTORNEY
CITY OF KELLER
AUTHORIZED CITY OFFICIAL
Attest:
APPROVAL OF CITY ATTORNEY:
Approval Form for TARRANT COUNTY District Attorney
Assistant District Attorney
*By law, the District Attorney's Office may only advise or approve
contracts or legal documents on behalf of its clients. It may not advise
or approve a contract or legal document on behalf of other parties. Our
review of this document was conducted solely from the legal
perspective of our client. Our approval of this document was offered
solely for the benefit of our client. Other parties should not rely on this
approval, and should seek review and approval by their own respective
attorney(s).
Approval Form for DENTON COUNTY District Attorney
Assistant District Attorney
*By law, the District Attorney's Office may only advise or approve
contracts or legal documents on behalf of its clients. It may not advise
or approve a contract or legal document on behalf of other parties. Our
review of this document was conducted solely from the legal
perspective of our client. Our approval of this document was offered
solely for the benefit of our client. Other parties should not rely on this
approval, and should seek review and approval by their own respective
attomey(s).
Amendment to Interlocal Agreement
Page 3 of 3
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Joe Hennig, Interim Town Manager
Jarrod Greenwood, Public Works Superintendent
Subject: Regular meeting of February 11, 2008
Date: February 1, 2008
ITEM
Consider a Resolution approving a budget amendment and related agreement with
Rodgers Construction Company for the West Side Pump Station Improvements.
BACKGROUND
The Westlake Pump Station was constructed by Hillwood and dedicated to the Town in
2000. Westlake obtains its water via a connection Fort Worth's 24" water main on
Denton Hwy. The water passes through a Fort Worth Meter and into Westlake's ground
storage tank. Flow rates are manipulated by a valve that opens and closes to scalable set
points. This allows staff to manage Peak charges from Fort Worth. However, since it
was placed into operation, the pump station has experienced several malfunctions that
resulted in overflowing of the ground storage tank and wasting millions of gallons of
water. With each malfunction, staff must resort to manual operation of the pump station
until the failure is corrected.
In May 2007, staff consulted various valve manufacturers for potential alternatives after
the manufacturer informed staff that an improvement to the existing valve did not exist.
The solution was to remove the existing 16" "globe" valve and replace it with a 16"
"butterfly" valve and operate it with an electric motor controller. This is consistent with
newer installations, for instance Roanoke and Haslet. Staff planned to contract out the
removal /installation of the 16" valves and purchase the motor controller directly from the
manufacturer. The Town's SCADA contractor would make the electrical connections to
ensure that the appropriate device was installed. Staff included $20,000 in the adopted
FY 2007/08 budget for this work to be completed.
However in September 2007, a malfunction with Fort Worth's meter created an operation
failure that forced staff to manually operate the pump station for a period of four days.
This event resulted from our reliance on flow signals from Fort Worth, which have
previously created isolated incidents of lesser magnitudes. As a result, staff recognized
the need to install our own flow meter, independent of Fort Worth, to operate the pump
station and to verify Fort Worth meter readings.
The competitive bid process was followed as outlined in the Texas Local Government
Code. All specifications for the work were available to the public and bid procedures
properly advertised. The bid package was properly advertised in December of 2007, with
a bid opening of January 10, 2008. The bid package included the original valve
replacement and the purchase a new motor controller with the needed addition of a new
flow meter. The basic level bids proposed and received were as follows:
Rogers Construction at $29,739
Wilson Contractor Services at $38,490
Triple D at $58,000
Legacy Contracting, L.P. at $99,000
Rogers Construction was the lowest bid received which includes the original valve
replacement and the new meter and vault installation. The new motor controller, will be
purchased outright from the manufacturer as originally budgeted.
FUNDING
A budget amendment of $18,039 is now needed to allow for the necessary increase in
expenditures to total $38,039. This includes the original budgeted amount of $20,000,
the Rogers bid of $29,739 plus the cost of the motor controller and SCADA integration of
$8300 direct from the manufacturer.
The fund balance of the Utility Fund will absorb the $18,039 additional funds needed to
complete this project.
TOWN OF WESTLAKE
RESOLUTION NO. 08 -10
APPROVING A BUDGET AMENDMENT AND RELATED AGREEMENT WITH
ROGERS CONSTRUCTION FOR. THE WEST SIDE PUMP STATION
IMPROVEMENTS.
WHEREAS, the Board of Aldermen finds that the pump station improvements benefit
the safety and.welfare of the public water supply; and
WHEREAS, the Board of Aldermen finds that the procedures and requirements set
forth in the Texas Local Government Code regarding competitive bidding requirements for the
pump station improvements were appropriately followed; and
WHEREAS, the Board of Aldermen finds that increase in expenditures and budget
amendment of $18,039 is necessary for the needed improvements; and
WHEREAS, the original budgeted amount of $20,000 is included in the FY 2007/08
adopted Utility Fund budget; and
WHEREAS, the Board of Aldermen now 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 this Board of Aldermen does hereby approve the necessary budget
amendment and related agreement with Rogers Construction for the West Side Pump Station
Improvements, attached as Exhibit "A "; and further authorizes the Town Manager to execute the
agreement on behalf of the Town of Westlake, Texas.
PASSED AND APPROVED ON THIS 11TH DAY OF FEBRUARY, 2008.
ATTEST:
Kim Sutter TRMC, Town Secretary
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
Scott Bradley, Mayor
Joe Hennig, Interim Town Manager
AGREEMENT
BETWEEN TOWN AND CONTRACTOR
THIS AGREEMENT is dated as of the 7 day of February in the year 2008, by and
between the Town of Westlake, Texas (hereinafter called OWNER) and Rodgers
Construction Company (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as_follows:
West Pump Station Modifications
The Project for which the Work under the Contract Documents may be the whole or only
a part is generally described as follows:
Control Valve Vault Modifications and Metering Vault Construction
Article 2. ENGINEER.
The Town Engineer who is hereinafter called ENGINEER and who is to act as
OWNER'S representative, assume all duties and responsibilities and has the rights and
authority assigned to ENGINEER by the OWNER in connection with completion of the
Work in accordance with the Contract Documents.
Article 3. CONTRACT TIME.
3.1. CONTRACTOR agrees to commence work within ten (10) days after the date of
written notice to commence work, and to complete the work on which he has bid within
30 working days as provided in the General Conditions.
Article 4. CONTRACT PRICE.
4.1. OWNER shall pay CONTRACTOR for completion of the Work on a Unit Price
Work Basis in accordance with the Contract Documents in current funds based on the
measured quantities and the unit prices stated in the Proposal.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment on work completed during the
previous month on the first day of the month. CONTRACTOR shall present only one
Application for Payment each month. Applications for Payment will be processed by
ENGINEER and OWNER shall make payment to CONTRACTOR within thirty (30) days
of the date of the invoice.
A -1
Article 6. INTEREST
All moneys not paid when due shall bear interest at the maximum rate allowed by law at
the place of the Project.
Article 7. CONTRACTOR'S REPRESENTIONS.
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the
following representations:
7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Laws and Regulations that
in any manner may affect cost, progress, performance or furnishing of the Work.
7.2. CONTRACTOR binds itself to use such materials and so construct the work that
it will remain in good repair and condition for and during the period of two (2) years from
the date of the repair and to maintain said work in good repair and condition for said
term of two (2) years. CONTRACTOR binds itself to repair or reconstruct the work in
whole or in part at any time within said period, if in the opinion of the ENGINEER, it be
necessary.
7.3. To the fullest extent permitted by laws and Regulations, CONTRACTOR shall
indemnify and hold harmless OWNER and ENGINEER and their consultants, agents
and employees from and against all claims, damages, losses and expenses, direct,
indirect or consequential (including but not limited to fees and. charges of engineers,
architects, attorneys and other professionals and court and arbitration costs) arising out
of or resulting from the performance of Work, provided that any such claim, damage,
loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury
to or destruction of tangible property (other than the Work itself) including the loss of use
resulting there from and (b) is caused in whole or in part by any negligent act or
omission of CONTRACTOR, and Subcontractor, any person or organization directly or
indirectly employed by any of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable, regardless of whether or not it is caused in part
by a party indemnified hereunder or arises by or is imposed by Laws and Regulations
regardless of the negligence of any such party.
7.4. In any and all claims against OWNER or ENGINEER or any of their consultants,
agents or employees by any employee of CONTRACTOR, any Subcontractor, any
person or organization directly or indirectly employed by any of them to perform or
furnish any of the Work or anyone for whose acts any of them may be liable, the
indemnification obligation under paragraph 7.3 shall not be limited in any way by any
limitation on the amount or type of damages, compensation or benefits payable by or for.
CONTRACTOR or any such Subcontractor or other person or organization under
workers' or workmen's compensation acts, disability benefit acts or other employee
benefit acts.
Article 8. Contract Documents
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
A -2
8.1 Notice to Bidders consisting of one (1) page.
8.2 Instructions to Bidders consisting of three (3) pages.
8.3 Proposal consisting of three (3) pages.
8.4 This Agreement consisting of four (4) pages.
8.5 Performance, Payment and Maintenance Bonds consisting of four (4) pages.
8.6 General Conditions consisting of 26 pages.
8.7 General Requirements consisting of six (6) pages.
8.8 Construction Plans consisting of three (3) sheets as prepared by Graham
Associates, Inc.
8.9 Addendum No. 1.
There are no Contract Documents other than those listed above in this Article 8.
Article 9. TERMINATION.
OWNER may terminate contract if CONTRACTOR persistently fails to perform the work
in accordance with the Contract Documents including, but not limited to, failure to supply
sufficient skilled workers, or suitable materials or equipment, or otherwise violates in any
substantial way any provisions of the Contract Documents. OWNER may, after giving
CONTRACTOR seven (7) days written notice and to the extent permitted by Laws and
Regulations, terminate the services . of CONTRACTOR, exclude CONTRACTOR from
the site and take possession of the Work.
Article 10. MISCELLANEOUS.
10.1. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the
party sought to be bound, and specifically. but without limitation moneys that may
become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under
the Contract Documents.
10.2. .OWNER and CONTRACTOR each binds itself, its partners, successors, assigns
and legal representatives to the other party hereto, its partners, successors, assigns and
legal representatives in respect of all covenants, agreements and obligations contained
in the Contract Documents.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed five (5) copies of
the Agreement. Two counterparts each have been delivered to OWNER and
CONTRACTOR, and one counterpart has been delivered to ENGINEER. All portions of
A -3
the Contract Documents have been signed or identified by OWNER and CONTRACTOR
or by ENGINEER on their behalf.
This agreement will be effective on the 7 day of February, 2008.
OWNER: CONTRACTOR:
Town of Westlake, Texas Rogers Construction Company
By: By:
Joe C. Hennig, Interim Town Manager Cindy Kilgore ;tr;ct c
ATTEST: ATTEST: C
Kim Sutter, Town Secretary Debra Richmond, Accclunt
Address for giving notices: Address for giving notices:
3 Village Circle, Suite 202 12454 Rendon Road
Westlake, Texas 76262
(If OWNER is a public body, attach
resolution authorizing execution of
Agreement. )
nistrtor
Manager
Burleson, Texas 76028
List name of person to whose attention
notices are to be sent:
Cindy Kilgore
(If CONTRACTOR is a Corporation,
attach evidence of authority to sign;.)
A -4
SPECIFIC POWER OF ATTORNEY
BE IT ACKNOWLEDGED, that 1, BLAKE WAYNE RODGERS 1 of
BURLESON, TEXAS , the undersigcied, do
hereby grant a limited and specific power of attorney to CYNTHIA ANN KILGORE1 of
BURLESON. TEXAS , as my attorney -in -fact.
Said attorney -in -fact shall have full power and authority to undertake and perform only
the following acts on my behalf:
The authority herein shall include such incidental acts as are reasonably require to carry
out and perfotm the specific authorities granted herein.
My attomey -in -fact agrees to accept this appointment subject to its terms, and agrees to
act and perform in said fiduciary capacity consistent with my best interest as he/she in [is/her
discretion deems advisable.
This power of attorney is effective upon execution. This power of attorney may }'bc
revoked by me at any time, and shall automatically be revoked upon my death, provided any
person relying on this power of attorney shall have full rights to accept. and rely upon the
authority of my attomey -in -fact until in receipt of actual notice of revocation.
Signed 27TH this JULY day of 2005 (y ).
Witness Grantor
STATE OF TEXAS
COUNTY OF TARRANT )
On JULY 27, 2005 before me BLAKE WAYNE RODGERS AND CYNTEJA ANN KH,G0RE
personally appeared, personally known to me (or proved to me on the basis of satisfactory evi nce) to be
the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me ffiat
he/she /they executed the same in his/her /their authorized capacity(ies), and that by his/her/their. slgnature(s;
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed'
instrument. I
WITNESS hand and o c" I seal.
Signature Aff ant
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PROPOSAL
Date: i C
To: The Honorable Mayor Scott Bradley And Board Of Aldermen
Town of Westlake
3 Village Circle, Suite 202
Westlake, Texas 76262
Gentlemen:
The pursuant to the foregoing notice to bidders, the undersigned bidder hereby proposes to do
all the work and furnish all necessary superintendence, labor, materials, and equipment to
complete all the work upon which he bids, as provided by the attached specifications and shown
on the plans and binds himself on acceptance of his proposal to execute a contract and bonds,
according to the accompanying forms, for performing and completing the said work within the
time stated, and maintaining same as required by the detailed specifications for the following
prices, to -wit:
BID ITEMS
Prices to be written in words.
Item Estimated
No. Quantity Item Description Unit Price Total Amount
Furnish, construct, and install complete in place
1 • 1 L.S. Remove Existing 16" Control Valve from
Influent Valve Vault, and Furnish and Install
16" Butterfly Valve including all
appurtenances, complete in place,
for the sum of
A L I f10usa�td FAilt 1�undrfd re Dollars
and I�i'nG cents $ �D 803.0
per Lump Sum
2. 1 L.S. Construct Metering Vault and Install
BadgerMeter to be provided including
all appurtenances, complete in place,
for the sum of
5iX4ten iyi.ouscu•cl Et9kf- Awidt&k
rkm Dollars
and cents
per Lump Su
P -1
sJUJI zg$ 8/3.29
I
Item Estimated
No. Quantity Item Description .
Unit Price Total Amount
Furnish, construct, and install complete in place
3. 1 L. S. Furnish and Install Two (2) 1" PVC
Conduits, approximately 240 L. F.,
Complete in place, for the sum of
--rWo -Iffy sa cR ( Oge k4WI
-I-WIMIZ4 TWD Dollars
and `Jl ��� cents
per Lump 8um
Receipt is acknowledged of the following addenda:
Addendum No. 1 19 • A� nl
Addendum No. 2
Addendum No. 3
$2 7,--Q o $ 2 I 2Z,(0a
The undersigned bidder agrees to commence work within ten (10) days after the date of written
notice to commence work, and to complete the work on which he has bid within .JD_ working
days as provided in the General Conditions.
Enclosed with this proposal is a cashier's or certified check, or a Bid Bond for .$-.14 4
(5% of greatest amount bid), which it is agreed shall be collected and retained by the Owner as
liquidated damages in the event this proposal is accepted by the Owner within sixty (60) days
after-the date advertised for the receipt of bids and the undersigned fails to execute the contract
and the required bonds with the Owner, under the conditions hereof, within fifteen (15) days
after the said proposal is accepted by the Owner and received by the undersigned; otherwise,
said check or bond shall be returned to the undersigned upon demand.
P -2
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The undersigned hereby declares that he has visited the site and has carefully examined the
contract documents relative to the work covered by the above bid.
Respectfully Submitted,
Q
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Contr or
By:
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Named Printed
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Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Joe C. Hennig, Interim Town Manager
Troy Meyer, Director of Facilities and Recreation
Subject: Regular Meeting of February 11, 2008
Date: February 6, 2008
ITEM
Consider approval for the release. of a Request for Qualifications (RFQ) as it relates to the
Westlake Arts and Sciences Center building project.
BACKGROUND
The project scope involves the construction of a new Westlake Arts and Sciences Center. The
center, approximately 13,740 square feet of gross building area, will be built in two phases and is
comprised of a black box theater, lobby, art classroom, kiln, three laboratories, staff offices,
conference room, restrooms and various storage, outdoor seating adjacent to the black box
theater, support spaces and parking area. The Town of Westlake will bid the relocation of
utilities to include gas, sewer and water lines. This project is planned for completion in two
phases, based on available funding. The Town is working with GideonToal as the project
architect and Pate Engineers for the relocation of utilities.
Phase I will include the entire foundation of the building with the build -out of three science labs,
restrooms, offices, conference room, lobby, and sidewalks for approximately 5,958 square feet.
Phase II will include an art room, black box, dressing rooms, storage, office space and data room
for approximately 4,912 square feet with a parking area on the south side of the building
location. Additionally, outdoor seating adjacent to the black box if funding allows.
It is anticipated the Construction Manager -at -Risk services will be performed, for both phases of
the project, by one firm if all the funds are available as the first phase of construction is
completed. If funds are not available to complete the second phase, the Town of Westlake will
then evaluate a new construction date for the subsequent phase.
A draft of the proposed RFQ is provided for your review
FUNDING
The estimated construction cost for both phases of the Arts and Sciences Center is estimated to
be $5.4 million which includes all construction and soft costs. The estimated cost for Phase I is
$3.5 million and $1.9 million for Phase II.
Phase I will be funded by the following: 1) approved $2.5 million bond revenue to be paid from
the hotel/motel occupancy tax; 2) restricted donations to the Town of $500,000 from the Texas
Student Housing Authority, and 3) donations of $500,000 to be provided by the Westlake
Academy Foundation.
Phase Il funding to be decided upon receipt of additional funds.
APPROVED BY
PIN
Town Ma ager e57g-
o n Secretary's Office
DRAFT
February _, 2008
Contractor Name
Company
Address
Re: Town of Westlake Arts and Sciences Center Request for Qualifications (RFQ) for Construction
Management -at -Risk Services
Dear Contractor:
The Town of Westlake, Texas (the "Town ") invites your firm to submit a proposal for Construction
Management -at -Risk ( "CM ") services relating to pre - construction and construction services for the new
Westlake Arts and Sciences Center. Attached is a list of documents associated with this RFQ for your
reference.
The remaining sections of this letter outline the requirements of the RFQ, including an overview of the
project, instructions to bidders, proposal concept, general information session, general conditions, and the
RFQ timeline. Attachments are also provided containing detail regarding the scope of work, cost and
contractual arrangements.
I. Proiect Overview
The project scope involves the new construction of the Westlake Arts and Sciences Center (the "Project ").
The Project, which is approximately 13,740 square feet of gross building area, will contain a black box
theater, lobby, art classroom, kiln, three laboratories, faculty offices, a conference room, restrooms and
various storage spaces. Outdoor support spaces and a parking area will be located adjacent to the black box
theater. The Town will bid the relocation of utilities separately, consisting of three -inch gas, sewer and
water lines. Construction of the Project must be in accordance with all local, state and federal laws. The
estimated construction cost of the Project is $5.4 million, which includes all construction and soft costs. The
Town has contracted with Gideon Toal as the architect and Pate Engineers for the relocation of utilities. The
Project will be completed in two (2) phases in conjunction with available funding. The estimated cost for
Phase I is $3.5 million and $1.9 million for Phase I1. The Project is being funded by the Town, Texas
Student Housing, and the Westlake Academy Foundation. The Project will be located on the Westlake Civic
Campus at 2600 J.T. Ottinger Road.
Phase I will include the entire foundation of the Project and the build -out of three science labs, restrooms,
offices, conference room, lobby, and sidewalks totaling approximately 7,314 square feet. Phase II will
include an art room, black box, dressing rooms, storage, office space and a data room totaling approximately
6,426 square feet, with a parking area on the south side of the building.. A possible outdoor seating area
could be added if funds allow, adjacent to the black box theater.
It is anticipated the CM services will be performed for both phases of the project by one firm, if funding is
available at the completion of Phase I. If funding is not available to begin and /or complete Phase 11, a new
construction timeline will be evaluated by the Town.
Project Schedule
Phase I
February 15
RFQ Mailed
February 28
Pre - Proposal Conference
March 20
RFQ due to the Town
April 3
Selection of CM
May 2008
Schematic Design and Design Development
May 2008
Begin Construction Document Preparation
June 2008
Begin Relocation of Utilities
May /Jun 2008
Bidding
July 2008
Begin Construction
June 2009
Project Completion
Phase II
May 2008 Schematic Design and Design Development
May 2008 Begin Construction Document Preparation
Phase H schedule is contingent on available funding, to be determined by Town officials.
H. Instructions for Proposal Submissions
RFQ submissions shall be done in an organized manner. Six identical, separately bound copies are required for
submission, with sections appropriately tabbed and identified.
Information contained in submissions shall be furnished completely in compliance with these instructions.
Adherence to these guidelines will be essential for prompt evaluation of all proposals in a fair and equitable
manner. Following the acceptance of a firm's proposal, overhead costs and associated fees will be negotiated
with that firm. In the event that no agreement is reached during this process, the Town will proceed with
another firm from the interview list.
The Town reserves the right to declare any and all RFQ submissions as non - responsive or reject RFQ
submissions not containing requested information, or submissions containing indirect or incomplete
information.
RFQ submissions are due no later than 4:00 pm (CST) on Thursday, March 20, 2008. Submissions received
after this deadline may not be accepted or considered.
Six (6) copies of your RFQ must be sent to:
Town of Westlake
Troy J. Meyer
3 Village Circle Suite 202
Westlake, TX. 76262
M. Proposal Concept
As noted in the Project Schedule located in Section I, both phases are beginning with the schematic design
stage. Design and construction document preparation for both phases are being prepared by Gideon Toal of
Fort Worth, Texas. It is the Town's intention to select and include a CM along with Gideon Toal as part of
the Town's project team in order to support and provide the following services:
A. Pre - construction services providing guidance during the completion of the final design and
construction documents for each project including:
1. Permitting procedures.
2. Provide value management analysis on proposed building systems and equipment.
3. Provide schedule and cost estimation analysis on a periodic basis, as requested.
4. Recommend solutions to maintain schedule and budget requirements including new
materials, technology, methods, sequencing, and revisions to required specifications and
criteria.
5. Analyze bid requirements and responsibilities for safety precautions, equipment, materials,
and services for common use by contractors to ensure inclusion in the construction
documents.
6. If separate construction contracts are to be used, recommend separate construction
functions to avoid jurisdictional overlap, and verify that all work included allows for
phased construction.
7. Assist the Town in pre -bid conferences, bid evaluations and development of construction
documents for constructability.
8. Prepare and bid items in accordance with public bidding laws and present same to the
Board of Aldermen for consideration.
9. Analyze the scope of work, schedules and budgets. With Town approval, CM will provide
a Guaranteed Maximum Price Contract for the construction of the project.
10. Development of a Quality Control Program for the construction phase of the project in
support of the Architect /Engineers Quality Control Design Program.
B. Construction and Post - Construction Services for each project including:
1. Construction Administration.
2. Schedule and conduct progress meetings.
3. Provide a realistic and detailed operations schedule for construction contractors.
4. Revise and refine the approved estimates of construction costs, provide cash flow reports
and forecasts as needed, and maintain accurate cost accounting records.
5. Provide regular monitoring and frequent inspection of work to determine progress and
conformance with design documents.
6. Expedite construction drawing preparation by contractors, architects, and engineers.
7. Provide project office administration and site security.
8. Review invoices from contractors and make recommendations to the Town for payment.
9. Recommend necessary or desirable changes to the Town Architect and /or Engineer as
needed.
10. Review change orders and value incentive proposals.
11. Procurement of sub - contractors.
12. Coordinate shop drawing processes and procurement of long lead items.
IV. Qualifications
The CM shall provide a detailed description of experience and capabilities to perform the work described
and shall list a minimum of three (3) client references that demonstrate similar fast track projects within the
DFW area. For each reference, the CM shall include the client's name, title, address and current telephone
number of the individual directly responsible for the work.
V. Proposal Requirements/ Organization
The CM team shall describe the following:
1. Proposed organizational structure and capabilities of managing an aggressive and unique
construction project for private or public schools.
2. Method and /or description of quality control, project management, value engineering,
procurement of sub - contractors, coordination of multi -bid package procurement, project
scheduling, project reporting including meeting minutes and RFI logs.
3. Provide resumes, position descriptions, project responsibilities, existing workload, and
project percentage commitments of key contact personnel who will be responsible for
management of the overall project between the CM and the Town. Also, provide the
methodology used in selecting the proposed project manager and project team members.
Resumes shall include education, years of experience, construction management project
experience, and current assignment(s) as it relates to this project.
4. Listing of the categories of work in which the Construction Manager can perform work
using its own resources.
5. Description of the proposed subcontractor selection process.
6. A description of the firm's safety procedures, including the firm's experience modifier.
7. Effective use of technology, including Computer -aided Design, graphics, drawings,
financial systems and ability to communicate through electronic media.
VI. Total Proiect Budgets
Phase I budget is approximately $3,500,000.00. This budget is inclusive of contingencies, general
conditions, fees, and profit. This budget includes the design, relocation of utilities, total foundation, three
science labs, lobby, restrooms, conference room with four offices, sidewalks, and limited landscaping,
totaling approximately 7,314 square feet.
Phase 11 budget is approximately $1,900,000.00. This budget is inclusive of contingencies, general
conditions, fees, and profit. This budget includes the art room, black box, dressing rooms, storage, two
office spaces, date room, parking lot and complete landscaping, totaling approximately 6,426 square feet..
Fixed Fee
Define proposed fixed fee percentage for each project. Fees must include corporate office overhead and
profit.
Overhead and General Conditions
Define all items that will be included in the firm's project site overhead and general conditions for each
project.
VII. Project Controls/Reporting
The CM shall submit sample reporting documents used by the firm in project management of similar
projects. These project control reporting system shall minimally address the costs and scheduling for
construction; procurement of sub - contractors, shop drawings and long lead times; project budgets; cash flow
projections; weekly project status reports including identification of potential problems, impacts and
recovery plans. The CM will be called upon to review and discuss all of the above reports with the Owner's
representatives on a minimum bi- weekly basis.
VIIL RFQ Timeline:
The following schedule outlines the time frame for selection of the CM:
Activity/Event
RFQ mailed to Invitees
Pre - Proposal Conference:
Civic Campus -Board Room
Westlake Academy
2600 J.T. Ottinger Road
Westlake, Texas 76262
Tel: (817) 430 -0941
RFQs due to Town Hall:
Town of Westlake
Troy J. Meyer
3 Village Circle, Suite 202
Westlake, Texas 76262
CM Selection
Target Date
February 15, 2008
February 28, 2008
March 20, 2008 4:00 P.M. CST
April 3, 2008
Board of Aldermen Meeting
Please do not contact the Town to request the status or outcome of your firm's proposal. Timely notification
will be made when final selection is completed.
We look forward to your continued participation in the proposal process. Any questions concerning the design
or proposed construction of the Westlake Arts and Sciences Center Project should be directed to Michael
Bennett, AIA, Gideon Toal Architects, (e -mail: Bennett, Michael MBennett@gideontoal.com)
817.335.4991. Questions concerning the Project's schedule or issues concerning the Town of Westlake may
be addressed to Troy J. Meyer, Director of Facilities, 817.490.5735 or (e -mail: tmeyer @westlake- tx.org)
All questions will be answered by e -mail with both questions and answers distributed to all invitees.
Sincerely,
Troy J. Meyer
Director of Facilities
IX. Westlake Arts & Sciences Center Phase I
Project General Conditions Response Form
The CM is to identify costs associated to line items listed. ($- Dollar Amount, NA- Not applicable, C.O.W - Cost of
Work) The CM is to list any additional personnel, tasks, equipment, Fees and costs that would be included in the
proposed project General Conditions.
Project Unit Cost -%
Management Billed to Amount Total
Proiect
Senior Project
Manager
Project Manager
Project
Administrator
Office Engineer
Project Estimator
Project
Accountant
Project
Superintendent
Field Engineer(s)
Secretary
Temporary
Structure &
Safety
Construction
Office Trailer
Owner Office
Trailer
Field Office(s)
Utility Bills
Sheds and
Temporary
Structures Fence/
Barricades/
Ramps
Temporary
Roads and
Parking Job
Signs and Safety
Signage
Safety Equipment
Westlake Arts & Sciences Center Phase I
Project General Conditions Response Form
The CM is to identify costs associated to line items listed. ($- Dollar Amount, NA- Not applicable, C.O.W - Cost of
Work) The CM is to list any additional personnel, tasks, equipment, Fees and costs that would be included in the
proposed project General Conditions.
Temporary Services Unit Cost -% Amount Total
Billed to Proiect
Jobsite Computers
Project Site Security
Postage/ Delivery
Postage/ Courier
Service
Office Supplies
Field Office Equipment
Field Office Furniture
Janitorial Services
Scheduling
Data Processing
Progress Photos
Document Printing and
Reproduction
Travel Expenses and
Parking
Job Pick -up Truck(s)
Fuel and Maintenance
Mileage Allowance
Telephone System and
Installation
Radios and Pagers
Chargers (Panel)
Water Consumption
Construction Utilities
Site Cleanup
Temporary Toilets
Dumpster and Trash
Dumping Fees
Maintenance After
Completion
Tools/ Construction
Equipment
Cost Control
Water Services
Final Clean
X. Westlake Arts & Sciences Center Phase II
Project General Conditions Response Form
The CM to identify costs associated to line items listed. ($- Dollar Amount, NA- Not applicable, C.O.W - Cost of Work)
The CM is to list any additional personnel, tasks, equipment, Fees and costs that would be included in the proposed
project General Conditions.
Project Unit Cost Amount Total
Management % billed to
project
Senior Project
Manager
Proj ect
Manager
Project
Administrator
Office Engineer
Proj ect
Estimator
Project
Accountant
Project
Superintendent
Field
Engineer(s)
Secretary
Temporary
Structure &
Safety
Construction
Office Trailer
Owner Office
Trailer
Field Office(s)
_ Utility Bills
Sheds and
Temporary
Structures
Fence/
Barricades/
Ramps
Temporary
Roads and
Parking Job
Signs and
Safety Signage
Safety
Equipment
Westlake Arts & Sciences Center Phase II
Project General Conditions Response Form
The CM is to identify costs associated to line items listed. ($- Dollar Amount, NA- Not applicable, C.O.W - Cost of Work)
The CM is to list any additional personnel, tasks, equipment, fees and costs that would be included in the proposed project
General Conditions.
Temporary Services
Jobsite Computers
Project Site Security
Postage/ Delivery
Postage/ Courier
Service
Office Supplies
Field Office Equipment
Field Office Furniture
Janitorial Services
Scheduling
Data Processing
Progress Photos
Document Printing and
Reproduction
Travel Expenses and
Parking
Job Pick -up Truck(s)
Fuel and Maintenance
Mileage Allowance
Telephone System and
Installation
Radios and Pagers
Chargers (Panel)
Water Consumption
Construction Utilities
Site Cleanup
Temporary Toilets
Dumpster and Trash
Dumping Fees
Maintenance After
Completion
Tools/ Construction
Equipment
Cost Control
Water Services
Final Clean
Unit Cost-
% Billed to
Project
Amo Total
unt
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Joe C. Hennig, Interim Town Manager
Subject: Regular Meeting of February 11, 2008
Date: February 5, 2008
ITEM
Consider a Resolution authorizing the appointment of a Building Committee to provide
oversight to town staff concerning the construction and remodeling of municipal
buildings.
BACKGROUND
During the original construction of the Westlake Academy, a building committee
consisting of the Mayor, two Aldermen, the Town Manager and the Facilities and
Recreation Director, met to discuss and make recommendation concerning the
construction of the building, building materials, and subsequent remodeling of the
original buildings as needed.
The Building Committee was also called upon to provide oversight concerning the
relocation of the Town offices to the Solana office complex.
The Board of Aldermen has now authorized the construction of an arts and sciences
center building at the Westlake Civic Campus. During a Board of Aldermen Pre -Board
meeting held on January 28, 2008, the Town Manager requested the reappointment of the
Building Committee to provide oversight during this construction process.
♦ TTT A�7TT T�1_
Page 1 of 1
/let
n Secretary's Office
TOWN OF WESTLAKE
RESOLUTION NO. 08-11
AUTHORIZING THE APPOINTMENT OF A BUILDING COMMITTEE TO PROVIDE
OVERSIGHT TO. TOWN STAFF CONCERNING THE CONSTRUCTION AND
REMODELING OF MUNICIPAL BUILDINGS.
WHEREAS, the Town of Westlake, Texas, is a growing, vibrant community; and
WHEREAS, the Town of Westlake Board of Aldermen has authorized the construction
of an Arts and Sciences Center Building at the Westlake Civic Campus; and
WHEREAS, the Town Manager is requesting the oversight of a building committee
composed of members of the Board of Aldermen, as well as town staff, to discuss and assist with
decisions regarding the types of constructions and materials utilized for the project;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1. That the Board of Aldermen of the Town of Westlake, Texas does hereby
appoint the following individuals to serve on the `Building Committee':
- Mayor Scott Bradley;
- Mayor Pro Tern Don Redding;
- Alderman Larry Corson;
- Interim Town Manager Joe Hennig; and
- Recreation and Facilities Director Troy Meyer.
SECTION 2. The Committee shall function on an ad hoc basis, when called to order by
the Interim Town Manager.
SECTION 3. That the Interim Town Manager shall preside over all such meetings.
SECTION 4. That this Resolution shall become effective upon the date of its passage.
PASSED AND APPROVED ON THIS I I" DAY OF FEBRUARY 2008.
ATTEST:
Kim Sutter, TRMC, Town Secretary
Scott Bradley, President
Joe C. Hennig, Interim Town Manager
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
Town of Westlake
Arts and Sciences Center Budget
Budget
Actual
2007
Actual
2008
Remaining
Revenues
Town - - 2,500,000.00 -
Texas Student House - 200,000.00 300,000.00 -
Foundation - - 507,518.00 -
REVENUE - GRAND TOTAL
-
I 200,000.00
3,307,518.00
-
Soft Cost Budget
Civil Design Fee Pate Engineers 55,000.00 10,100.00 - 44,900.00
Design Fee GideonToal 360,000.00 126,496.00 - 233,504.00
Preconstruction service Manhattan 60,000.00 5,004.00 17,925.00 54,996.00
Additional Service allowance Plan Copies /newspaper adds 25,000.00 1,000.00 600.00 24,000.00
Materials Testing/ Fill Terracon 9,000.00 4,850.00 4,150.00
Building Permits, inspection , engineering Fee 25,000.00 - - 25,000.00
FF & E 200,000.00 - - 200,000.00
Owner Contingency (7 %) 245,000.00 - - 245,000.00
Legal (bond, insurance) Boyle & Lowry 25,000.00 1,875.00 3,442.00 23,125.00
Land Purchase Hillwood Water Easement - - - -
Total
1,004,000.001
149,325.001
21,967.001
854,675.00
Hard Cost Budget
Relocation of Utilities - - - -
Parking area - - - -
Construction Cost 2,500,000.00 - 2,500,000.00
- - #VALUE!
2,500,000.00
1
#VALUE!
Page 1 of 1
2/11/2008
12:38 PM
General Fund
Program Summary
as of 12/31/2007
Adopted
YTD
YTD
Fund Balance, Beginning
Actuals
Budget
Budget
Actuals
FY 06/07
FY 07/08
FY 07/08
FY 07/08
Variance
Fund Balance, Beginning
3,265,162
3,053,300
3,053,300
3,053,300
RECEIPTS:
Total Revenue
3,787,649
4,877,244
1,219,311
983,556
(235,755)
Total Transfers In
43,976
50,000
12,500
-
(12,500)
Total Other Resources
100,000
100,000
25,000
300,000
275,000
TOTAL REVENUE
3,931,625
5,027,244
1,256,811
1,283,556
26,745
DEDUCTIONS:
Total Payroll & Related
1,400,362
1,616,383
404,096
377,723
(26,373)
Total Operations & Maintenance
2,088,590
2,519,125
629,781
482,438
(147,343)
Total Operating Capital Outlay
54,412
16,400
4,100
(4,100)
Total Transfers Out
600,123
212,250
53,063
-
(53,063)
TOTAL DEDUCTIONS
4,143,487
4,364,158
1,091,040
860,161
(230,879)
Excess Revenue Over (Under) Deductions
(211,862)
663,086
165,772
423,395
257,624
Fund Balance, Ending
3,053,300
3,716,386
3,219,071
3,476,695
Restricted/Designated Funds
558,554
645,185
871,498
871,498
Undesignated Fund Balance, Ending
2,494,746
3,071,201
2,347,573
2,605,197
# Days Operating ($11,375/daily)
257
270
206
229
Utility Fund
Program Summary
as of 12/31/2007
Adopted
YTD
YTD
Working Capital, Beginning
Actuals
Budget
Budget
Actuals
FY 06/07
FY 07/08
FY 07/08
FY 07/08
Variance
Working Capital, Beginning
1,046,340
1,280,022
1,280,022
1,280,022
RECEIPTS:
Total Revenue
1,740,279
2,276,888
569,222
396,291
(172,931)
Total Transfers In
-
-
-
-
-
TOTAL REVENUE
1,740,279
2,276,888
569,222
396,291
(172,931)
DEDUCTIONS:
Total Payroll & Related
111,297
140,745
35,187
32,071
(3,115)
Total Operations and Maintenance
1,182,012
1,702,462
425,616
153,856
(271,760)
Total Capital Outlay
51,280
35,500
8,875
4,816
(4,059)
Total Capital Projects
84,169
173,501
43,375
-
(43,375)
Total Transfers Out
77,840
65,000
16,250
-
(16,250)
TOTAL DEDUCTIONS
1,506,598
2,117,208
529,303
190,744
(338,559)
Excess Revenue Over (Under) Deductions
233,682
159,680
39,920
205,548
165,628
Working Capital, Ending
1,280,022
1,439,702
1,319,941
1,485,569
Restricted/Designated Funds
102,680
100,000
107,330
107,330
Undesignated Working Capital, Ending
1,177,342
1,339,702
1,212,611
1,378,239
# Days Operating - $5.147/daily (Based on operating budgeted)
1 320
260
236
268
Visitors Association Fund
Program Summary
as of 12/31/2007
Adopted
YTD
YTD
Fund Balance, Beginning
Actuals
Budget
Budget
Actuals
FY 06/07
FY 07/08
FY 07/08
FY 07/08
Variance
Fund Balance, Beginning
869,694
1,183,022
1,183,022
1,183,022
RECEIPTS:
Total Revenue
540,319
511,000
127,750
133,378
5,628
TOTAL REVENUE
540,319
511,000
127,750
133,378
5,628
DEDUCTIONS:
Total Payroll & Related
68,458
83,554
20,889
18,843
(2,046)
Total Operations and Maintenance
142,340
170,489
42,622
45,179
2,556
Total Operating Capital Outlay
16,193
-
-
TOTAL DEDUCTIONS
226,991
254,043
63,511
64,021
511
Excess Revenue Over (Under) Deductions
313,328
256,957
64,239
69,356
5,117
Fund Balance, Ending
1,183,022
1,439,979
1,247,261
1,252,378
Restricted - Historical Society
36,052
34,229
34,229
Unrestricted Fund Balance, Ending
1,146,970
1,439,979
1,213,032
1,218,149
-
Days of Operation ($696/daily based on adopted budget)
1,844
1 2,069
1,743
1,750
General Fund
Program Summary
as of 12/31/2007
Adopted
YTD
YTD
Fund Balance, Beginning
Actuals
Budget
Budget
Actuals
FY 06/07
FY 07/08
FY 07/08
FY 07/08
Variance
Fund Balance, Beginning
3,265,162
3,053,300
3,053,300
3,053,300
RECEIPTS:
Total Revenue
3,787,649
4,877,244
1,219,311
983,556
(235,755)
Total Transfers In
43,976
50,000
12,500
-
(12,500)
Total Other Resources
100,000
100,000
25,000
300,000
275,000
TOTAL REVENUE
3,931,625
5,027,244
1,256,811
1,283,556
26,745
DEDUCTIONS:
Total Payroll & Related
1,400,362
1,616,383
404,096
377,723
(26,373)
Total Operations & Maintenance
2,088,590
2,519,125
629,781
482,438
(147,343)
Total Operating Capital Outlay
54,412
16,400
4,100
(4,100)
Total Transfers Out
600,123
212,250
53,063
-
(53,063)
TOTAL DEDUCTIONS
4,143,487
4,364,158
1,091,040
860,161
(230,879)
Excess Revenue Over (Under) Deductions
(211,862)
663,086
165,772
423,395
257,624
Fund Balance, Ending
3,053,300
3,716,386
3,219,071
3,476,695
Restricted/Designated Funds
558,554
645,185
871,498
871,498
Undesignated Fund Balance, Ending
2,494,746
3,071,201
2,347,573
2,605,197
s Operating ($11,375/daily)
1 257
1 270
1 206
229
[!!a
Utility Fund
Program Summary
as of 12/31/2007
Adopted
YTD
YTD
Working Capital, Beginning
Actuals
Budget
Budget
Actuals
FY 06/07
FY 07/08
FY 07/08
FY 07/08
Variance
Working Capital, Beginning
1,046,340
1,280,022
1,280,022
1,280,022
RECEIPTS:
Total Revenue
1,740,279
2,276,888
569,222
396,291
(172,931)
Total Transfers In
-
-
-
-
-
TOTAL REVENUE
1,740,279
2,276,888
569,222
396,291
(172,931)
DEDUCTIONS:
Total Payroll & Related
111,297
140,745
35,187
32,071
(3,115)
Total Operations and Maintenance
1,182,012
1,702,462
425,616
153,856
(271,760)
Total Capital Outlay
51,280
35,500
8,875
4,816
(4,059)
Total Capital Projects
84,169
173,501
43,375
-
(43,375)
Total Transfers Out
77,840
65,000
16,250
-
(16,250)
TOTAL DEDUCTIONS
1,506,598
2,117,208
529,303
190,744
(338,559)
Excess Revenue Over (Under) Deductions
233,682
159,680
39,920
205,548
165,628
Working Capital, Ending
1,280,022
1,439,702
1,319,941
1,485,569
Restricted/Designated Funds
102,680
100,000
107,330
107,330
Undesignated Working Capital, Ending
1,177,342
1,339,702
1,212,611
1,378,239
# Days Operating - $5.147/daily (Based on operating budgeted)
320
260
236
268
Visitors Association Fund
Program Summary
as of 12/31/2007
Adopted
YTD
YTD
Fund Balance, Beginning
Actuals
Budget
Budget
Actuals
FY 06/07
FY 07108
FY 07108
FY 07/08
Variance
Fund Balance, Beginning
869,694
1,183,022
1,183,022
1,183,022
RECEIPTS:
Total Revenue
540,319
511,000
127,750
133,378
5,628
TOTAL REVENUE
540,319
511,000
127,750
133,378
5,628
DEDUCTIONS:
Total Payroll & Related
68,458
83,554
20,889
18,843
(2,046)
Total Operations and Maintenance
142,340
170,489
42,622
45,179
2,556
Total Operating Capital Outlay
16,193
-
-
TOTAL DEDUCTIONS
226,991
254,043
63,511
64,021
511
Excess Revenue Over (Under) Deductions
313,328
256,957
64,239
69,356
51117
Fund Balance, Ending
1,183,022
1,439,979
1,247,261
1,252,378
Restricted - Historical Society
36,052
34,229
34,229
Unrestricted Fund Balance, Ending
1,146,970
1,439,979
1,213,032
1,218,149
-
Days of Operation ($696/daily based on adopted budget)
1,844
2,069
1 1,743
1,750
TOWN OF WESTLAKE, TEXAS
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
BOARD OF ALDERMEN PRE -BOARD MEETING
January 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 Joe Hennig, Town Secretary Kim Sutter, Director of
Planning and Development Eddie Edwards, DPS Director Don
Wilson, Recreation and Facilities Director Troy Meyer, Finance
Director Debbie Piper, and Executive Assistant Ginger Awtry.
1. CALL TO ORDER.
Mayor Bradley called the pre -board meeting to order at 5:01 p.m.
3. HEAR AND DISCUSS REPORT FROM GIDEON TOAL REGARDING PROPOSED
ARTS AND SCIENCES CENTER BUILDING.
Interim Town Manager Hennig presented a brief history and introduced the item. Mr.
Hennig advised that recent discussions indicate that the Board desires to take a different
direction with regards to the scope of the construction of the facility as it relates to
construction costs, and introduced Mr. Michael Bennett of Gideon Toal, Inca
Mayor Bradley asked Mr. Bennett if the entire facility could be built for $5.5 million.
Mr. Michael Bennett, Gideon Toal, Inc., responded that he felt that the entire facility could
be built for $5.5 million, and explained that it could be accomplished with the use of
alternative construction methods and materials. Mr. Bennett advised that the Board will
need to make decisions regarding the construction methods and materials..
Mayor Pro Tern Redding inquired as to the preferred foundation.
Town of Westlake Board of Aldermen
Pre -Board Meeting
January 28, 2008
page 2 of 6
Mr. Bennett responded that, if money was no object they would prefer to use the method
utilized on the existing structure; however, they believe the cart and form foundation is a
good fall back alternative and offers the best value for the money long term.
Interim Town Manager Hennig inquired if an exposed slab would create any safety issues.
Mr. Bennett responded that an exposed slab would create safety issues as the slab must be
prepared for water and sewer, and safety rails will also need to be added as a result of the
grade differences.
Mayor Pro Tem. Redding asked if a total sum of the complete project could be provided
along with deductive alternatives.
Mr. Bennett responded that he would like to start with a plan that outlines the basic elements
of the project and also identify `add alternates' that could be included if and when funding is
available.
Interim Town Manager Hennig stated that a self - imposed deadline of February 15, 2008, has
been set to release the Request for Qualifications (RFQ), and contractor selection is slated
by mid - March. Mr. Hennig stated that the final cost is not expected until the end of April to
mid -May. Mr. Hennig asked Mr. Bennett if the schedule could be met and work can start by
mid -June.
Mr. Bennett responded that he felt the schedule could be met.
Alderman Corson clarified that the Board approved the construction manager at risk process.
and the timeline identified by the Town Manager is a step toward identifying a contractor
that will work through the value engineering so that a reasonably good cost estimate can be
provided. Mr. Corson inquired if the $3.5 million quote includes the full furniture, fixtures,
and equipment (FF & E) package for the science lab portion of the building, and relocation
of the gas lines.
Mr. Bennett responded that the quote does include FF & E as well as the relocation of the
gas lines. Mr. Bennett added that the lab space would be functional and usable.
Interim Town Manager Hennig added that the estimate includes all costs, including soft
costs, design costs, and contingencies.
.Alderman Corson inquired as to the cost difference between a pier and beam foundation and
a cart and form foundation.
Mr. Bennett responded that he would have to follow -up with the Board with the cost
difference between the two types of foundations.
Alderman Timmerman asked for a clarification concerning the differences between the cart
and form and pier and beam foundations.
Town of Westlake Board of Aldermen
Pre -Board Meeting
January 28, 2008
page 3 of 6
Mr. Bennett responded that the issue is not one of strength or accessibility, but one of
movement. -
Alderman Maynard asked if we are loosing economy of scale if we bring in different
contractors to construct the add alternatives.
Mr. Bennett responded that it would be a timing issue dependent on whether the contractor
is still on the job site.
Alderman Maynard inquired as to the construction timeline once ground has been broken as
he feels seeing some sort of progress is important to the fundraising campaign.
Mr. Bennett replied that once ground has been broken, construction on the building should
begin within eight to 12 weeks.
Alderman Timmerman asked for clarification concerning the add alternates with respect to
the contractor who will perform the work.
Mr. Bennett explained that the add alternates will be included -in the bid documents and can
be added to the project as the project moves forward, and would be performed by the same
contractor selected during the bid process. Mr. Bennett added that although the same
contractor will be used, there is a possibility the contractor will utilize different
subcontractors.
Mr. Bennett stated that he is seeking clear direction from the Board with regard to the
parameters and the costs.
Interim Town Manager Hennig advised that the project timeline can be met if the Board is
able to provide clear direction to Gideon Toal, Inc. tonight.
Mr. Bennett advised the Board -that the completed plans will not be available until May
2008.
Interim Town Manager Hennig stated that he feels the Board will have more of a level of
comfort by mid - February. Mr. Hennig stated that he feels Gideon Toal needs more clarity
from the Board with regard to the type of construction.
Alderman Corson stated that the construction alternatives and materials still need to be
examined.
2. DISCUSS OIL AND GAS WELL DRILLING ORDINANCE.
Interim Town Manager Hennig advised that, at the request of the Board staff is reviewing
the oil and gas.well drilling ordinance. Mr. Hennig stated that an item to amend the current
ordinance could be scheduled for consideration by the Planning and Zoning Commission in
February and presented to the Board of Aldermen in March.
Town of Westlake Board of Aldermen
Pre -Board Meeting
January 28, 2008
page 4 of 6
Director of Planning and Development Eddie Edwards presented the board with a
comparison matrix of the Town's ordinance with neighboring cities. Mr. Edwards advised
that he is recommending changes to three (3) areas of the current ordinance: 1) increase in
annual permitting and inspection fees: 2) consider requirement of a special use permit (SUP)
to allow drilling in other zoning districts; and 3) changes to the setback requirements. Mr.
Edwards advised that he would also recommend allowing Board discretion in modifying any
requirements on a case by case basis. Mr. Edwards further stated that sound limitations are
becoming more common in city ordinances.
Aldermen Corson asked if a decibel limitation is recommended.
Mr. Edwards responded that he will present recommendations to the Board concerning
sound limitations.
Aldermen Timmerman asked if the distance requirements would be eliminated if decibel
limits are established.
Mr. Edwards stated that he would not recommend removing the distant requirements, but
would recommend the Board have the authority to modify the distance requirement if the
decibel requirement is met. .
Mayor Bradley recommended the Board also consider the appearance of the drill site and
possible mitigation.
Discussion ensued with regard to the industry standard for insurance requirements, potential
drill sites based on setback requirements of 600 and 1,000 foot distances, and the potential
for setting precedence if concessions are made to the distance requirements on a case by
case basis, the need for a road repair agreement, and if drilling equipment should be
permitted on neighborhood streets.
Aldermen Corson and Maynard requested staff prepare a map identifying potential drill sites
based on the proposed distances.
The following residents addressed the Board with concerns, suggestions, and questions
regarding the discussion:
- Mr. Allen Heath, 5944 Stagecoach Circle, Westlake, expressed his concern with setting
the distance requirements to high as to prohibit drilling in an entire area. Mr. Heath also
raised questions regarding the drilling in flood plains as well as inquired if the hours of
operation would be restricted.
- Mr. Stephen Thornton, 13187 Thornton Drive, Westlake, expressed his support of a 600
foot distance requirement, and the establishment of a decibel level.
Mr. Bill Frey, 5924 Janet Court, Westlake, cautioned the Board against considering an
ordinance that is more restrictive than state law, and stated that with the discussion today
that he did not feel March was a possibility for adopting a revised ordinance.
Town of Westlake Board of Aldermen
Pre -Board Meeting
January 28, 2008
4.
page 5 of 6
Interim Town Manager Hennig advised the Board that staff will continue to evaluate other
cities ordinances and prepare a recommendation for the Board's consideration. Mr. Hennig
further advised that based on the today's discussion, he did not feel a draft ordinance will be
available for consideration by the Board by March.
REVIEW OF REGULAR AGENDA ITEMS.
With the consensus of the .Board, Mayor Bradley advised that item. #4 would be heard prior
to item #3 during the regular board meeting.
Interim Town Manager Hennig reviewed the agenda.
4. HEAR STATUS REPORT ON CONSTRUCTION OF ARTS AND SCIENCES
CENTER BUILDING AND CONSIDER A RESOLUTION AUTHORIZING THE
TOWN MANAGER TO IMPLEMENT ALL STEPS TO COMMENCE
CONSTRUCTION OF THE ARTS AND SCIENCES CENTER, WITH. THE
CONDITIONS ENUMERATED IN THE RESOLUTION.
Board discussion ensued regarding the proposed resolution.
Following Board discussion, it was the consensus of the Board to make the following
changes to the Resolution:
- Section 1. Town Manager is authorized, within the guidelines set forth by the
Board of Aldermen, with oversight by the building committee to take all steps
necessary to commence construction of the Arts and Sciences Center at the
earliest feasible time.
- Insert a new Section 2 and renumber sections accordingly. New Section 2 to
read "The Board of Aldermen accepts the transfer of one half million dollars
from TSHA and will accept one half million dollars (as well as future donations
received for the purpose) from the Westlake Academy Foundation and hereby
dedicates the use of these funds for the Arts and Sciences Center. "
Interim Town Manager Hennig recommended the Board consider reappointing the members
of the Building Committee.
It was the consensus of the Board to have the building committee address the items
discussed during the January 28, 2008, pre board meeting as referenced in the minutes (Item
#3).
6. CONSIDER AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT
BETWEEN THE TOWN AND ATMOS ENERGY CORP., MID -TEX DIVISION
( "ATMOS MID -TEX" OR "THE COMPANY ") REGARDING. THE
COMPANY'S STATEMENT OF INTENT TO CHANGE GAS RATES IN ALL
CITIES EXERCISING ORIGINAL JURISDICTION.
Town of Westlake Board of Aldermen page 6 of 6
Pre -Board Meeting
January 28, 2008
Interim Town Manager Hennig briefly explained the settlement agreement to the Board
5. TOWN MANAGER'S REPORT.
No report was given.
6. ADJOURNMENT.
There being no further business to come before the Board, Mayor Bradley declared the pre -
board meeting adjourned at 6:53 p.m.
APPROVED BY THE BOARD OF ALDERMEN ON FEBRUARY 11, 2008.
Scott Bradley, Mayor
ATTEST:
Kim Sutter, TRMC, Town Secretary
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
BOARD OF ALDERMEN REGULAR MEETING
January 28, 2008
PRESENT: Mayor Scott Bradley and Aldermen Larry Corson, Kevin Maynard, Don Redding,
Pete Steger, and Bob Timmerman.
ABSENT: None.
OTHERS PRESENT: Interim Town Manager Joe Hennig, Town Attorney Stan Lowry,
Town Secretary Kim Sutter, DPS Director Don Wilson, Facilities and
Recreation Director Troy Meyer, and Finance Director Debbie Piper.,
Executive Assistant Ginger Awtry, and Westlake Academy
Foundation Executive Director Angie Gofredo.
1. CALL TO ORDER.
Mayor Bradley called the meeting to order at 7:06 p.m.
2. CITIZENS' PRESENTATIONS.
Mrs. Rebecca Rollins, 13239 Roanoke Road, Westlake, addressed the Board on behalf of
Jon and Monica Grant, 998 Post Oak Road, Keller. Mrs. Rollins read a letter from Jon and
Monica Grant regarding their decision to withdrawal their children from Westlake
Academy.
Mrs. Rebecca Rollins, 13239 Roanoke Road, Westlake, addressed the Board regarding
Westlake Academy and the alleged teaching of two separate Spanish classes concurrently by
one teacher. She requested the board investigate the matter and respond, in writing, to her
as to how this matter will be resolved. She further requested that the parents of students
who are being instructed in this manner be notified.
Mr. Steve Jolissaint, 1809 Broken Bend Drive, Westlake, addressed the Board regarding
Westlake Academy. He stated that there is currently no mechanism for parents, teachers and
students to bring forth issues for resolution. Mr. Jolissaint suggested the Board consider the
formation of a task force to poll and survey the older students regarding their experiences,
Town of Westlake Board of Aldermen
Regular Meeting
January 28, 2008
Page 2 of 5
their teachers, the quality of their education and the learning environment, and have the task
force report back to the Board no later than March 15, 2008.
Mr. David Rollins, 13239 Roanoke Road, Westlake, addressed the Board regarding
Westlake Academy and expressed his support of Mr. Jolissaint's request for the Board to
consider the formation of a task force as a means to receive feedback from the students
regarding their educational experience. Mr. Rollins further expressed his support to have
the task force report to the Board no later than March 15, 2008, with their findings.
4. HEAR STATUS REPORT ON CONSTRUCTION OF ARTS AND SCIENCES
CENTER BUILDING AND CONSIDER A RESOLUTION AUTHORIZING THE
TOWN MANAGER TO IMPLEMENT ALL STEPS TO COMMENCE
CONSTRUCTION OF THE ARTS AND SCIENCES CENTER, WITH THE
CONDITIONS ENUMERATED IN THE RESOLUTION.
Interim Town Manager Hennig advised that the project remains on target with the schedule
presented at the January 14, 2008, Board meeting. Mr. Hennig outlined the schedule to those
in attendance.
Mayor Bradley read the proposed resolution.
MOTION: Alderman Timmerman made a motion to approve Resolution No. 08 -04,
authorizing the Town Manager to pursue construction of the Arts and
Sciences Center building, subject to the conditions enumerated in the
Resolution. Alderman Corson seconded the motion.
Interim Town Manager Hennig advised that the Board discussed revising Section 1 of the
resolution during the Pre -Board meeting to include "within the guidelines set forth by the
Board, and with the oversight of the building committee ".
Alderman Timmerman amended the motion to include the revision to Section 1 as
discussed. Alderman Corson seconded the amendment to the motion.
Mayor Bradley read the revised Section 1 as outlined below:
Section 1. The Town Manager is authorized, within the guidelines
set forth by the Board of Aldermen and with the oversight of the building
committee, to take all steps necessary to commence construction of the
Arts and Sciences Center at the earliest feasible time.
Alderman Corson commended Ms. Laura Wheat and Mr. Bill Greenwood _ for their
leadership in bringing forth this compromise.
Mayor Pro Tem Redding and Aldermen Timmerman- and Maynard expressed their
appreciation to the individuals who took the time and initiative to work toward a consensus
on this project.
Town of Westlake Board of Aldermen Page 3 of 5
Regular Meeting
January 28, 2008
VOTE ON
MOTION: The motion carried by a vote of 5 -0.
3. HEAR A REPORT FROM WESTLAKE ACADEMY FOUNDATION PRESIDENT
CHRIS NOONAN.
Mr. Chris Noonan, President of the Westlake Academy Foundation, recognized Ms. Laura
Wheat, Mr: Bill Greenwood, members of the Board and members of the community for their
efforts associated with Resolution 08 -04, and expressed his appreciation to the Board for the
passage of the Resolution.
Mr. Noonan presented a PowerPoint presentation to the Board outlining the top five (5)
strategic objectives of the Foundation, the top goals for 2007 -2008, and the top 10 initiatives
for meeting the goals of the Foundation.
5. CONSIDER A RESOLUTION APPOINTING A MEMBER TO THE WESTLAKE
HISTORICAL PRESERVATION SOCIETY BOARD OF DIRECTORS.
Mayor Bradley introduced the item and asked for a motion.
MOTION: Alderman Steger made a motion to approve Resolution No. 08 -03,
appointing Lisa Maynard to serve on the Board of Directors of the Westlake
Historical Preservation Society. Alderman Corson seconded the motion. The
motion carried by a vote of 5 -0.
6. CONSIDER AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT
BETWEEN THE TOWN AND ATMOS ENERGY CORP., MID -TEX DIVISION
( "ATMOS MID -TEX" OR "THE COMPANY ") REGARDING THE COMPANY'S.
STATEMENT OF INTENT TO CHANGE GAS RATES IN ALL CITIES
EXERCISING ORIGINAL JURISDICTION.
Mayor Bradley introduced the item and provided a brief background on the settlement
agreement to the audience.
MOTION: Mayor Pro Tem Redding made a motion to adopt Ordinance No. 585,
approving a settlement agreement between the Town and Atmos Energy
Corporation. Alderman Maynard seconded the motion.
Mr. James Johnson, Manager of Public Affairs for Atmos Energy, was present and advised
the Board that Atmos Energy has endorses the agreement.
VOTE ON
MOTION: The motion carried by a vote of 5 -0.
Town of Westlake Board of Aldermen Page 4 of 5
Regular Meeting
January 28, 2008
7. 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 January 14, 2008.
B. Review and approve any outstanding bills.
MOTION: Alderman Timmerman made a motion to approve the consent agenda as
presented. Alderman Steger seconded the motion.
Alderman Timmerman stated that April Gallagher was incorrectly listed as being in
attendance at January 14, 2008, pre -board meeting.
The motion was amended to approve the consent agenda with the correction to the January
14, 2008, pre -board meeting minutes.
VOTE ON
MOTION: The motion carried by a vote of 5 -0.
8. STAFF REPORTS.
A. Update from DPS Director Don Wilson regarding the Fire Department and Emergency
Management.
DPS Director Wilson addressed the Board regarding the status of the rebanding of the public
safety radio system, and the Emergency Management program.
9. TOWN MANAGER'S REPORT.
Interim Town Manager Hennig addressed the Board regarding the following items:
- State -wide warrant roundup: The Town will participate in the state wide warrant
roundup on February 1, 2008.
- Transfer of Cemetery All steps have been completed for the transfer of the
cemetery. The Town has placed the funds transferred from the I.O.O.F to a
restricted account designated for purposes related to the cemetery.
10. MAYOR AND ALDERMEN REPORTS / COMMENTS.
Alderman Corson announced that the Town of Trophy Club recently overruled a Planning
and Zoning Commission recommendation as it related to the electronic sign for the hotel on
SH 114. Mr. Corson referred to an article in The Westlake First News, which indicated an
Town of Westlake Board of Aldermen Page 5 of 5
Regular Meeting
January 28, 2008
interest by the Town of Trophy Club to communicate regarding development issues along
the corridor.
Alderman Steger expressed his appreciation to Ms. Laura Wheat for organizing a meeting to
discuss the construction of the Arts and Sciences Center, building.
Ms. Laura Wheat recognized Rick Rennhack for his efforts in organizing the meeting.
Mayor Pro Tern Redding recommended the Board consider hearing a presentation regarding
the Texas Student Housing Authority and provide an opportunity for questions from the
audience.
Mayor Bradley responded that the Texas Student Housing Authority Board of Directors will
review and consider approval of the audited financials at their January 29, 2008, meeting
and a President's report will be scheduled for a future agenda.
Alderman Maynard stated that he felt it is imperative that we have a group of students,
teachers, and concerned parents to address concerns and issues before students withdrawal
from the school, and expressed his support for the formation of a task force to address
student and parents concerns.
Mayor Bradley advised that a school leadership committee has been formed and will be
functioning very soon.
11. ADJOURNMENT.
There being no further business, Mayor Bradley adjourned the meeting at 8:17 p.m.
APPROVED BY THE BOARD OF ALDERMEN ON FEBRUARY 11, 2008.
Scott Bradley, Mayor
ATTEST:
Kim Sutter, TRMC, Town Secretary
TOWN OF WESTLAKE
Invoices Received: 01/21/08 thru 02/03/08
For Review by Board on 02/11/08
VENDOR
Alvarado Court
Lambeth
1 498.00 100
1 225001
0
lCourt Bonds Payable
Arlington Municipal Court
Brown
460.00
100
1 22500
0
Court Bonds Payable
Bedford Court
Walling
551.00
100
1 22500
0
Court Bonds Payable
City of Dallas
Casas
770.00
100
1 22500
0
Court Bonds Payable
Colle ville Court
Pettijohn
550.00
100
22500
0
Court Bonds Payable
Dallas Court
An iam
298.00
100
22500
0
Court Bonds Payable
Dallas Court
Denton County Sheriffs Office
Marioni
Boles
715.00
530.00
100
100
22500
22500
0
0
Court Bonds Payable
Court Bonds Payable
Denton County Sheriffs Office
Sizer
1,000.00
100
22500
0
Court Bonds Payable
(Forest Hill Court
Brown
327.75
100
1 22500
0
Court Bonds Payable
Fort !North Court
Davila
468.00
100
: 22500
0
Court Bonds Payable
Fort Worth Court -
Dixon
165.00
100
. 22500
0
Court Bonds Payable
Fort Worth Court
Lambeth
251.00
100
22500
0
Court Bonds Payable
Fort Worth Court
Thomas
579.00
100
1 22500
0
Court Bonds Payable
Fort Worth Court
Thomas
631.00
100
1 22500
0
Court Bonds Payable
Hurst Court
Aldridge
530.40
100 1
22500
0
Court Bonds Payable
Keller Court
Lambeth
215.00
100 1
22500
0
Court Bonds. Payable
Keller Court
Lambeth
645.00
100 1
22500
0
Court Bonds Payable
Keller Court
Thomas
410.00
100
22500
0
Court Bonds Payable
Keller Court
Trujillo
1,096.00
100 122500
0
Court Bonds Payable
Lake Worth Court
Thomas
526.00
100
22500
0
Court Bonds Payable
Northlake Municipal Court
Drummer
778.70
100
22500
0
Court Bonds Payable
Northlake Municipal Court
Thomas
675.00
1 100
225001
0
Court Bonds Payable
Southlake Court
Olea
150.00
1 100
22500
0
Court Bonds Payable
9
Cash Bond Totals
12,789.85
AT &T Lon Distance 1
Joe Henni
01042008
01312008
35.07
5,068.00
100
100
45305
43335
11
11
Town - 70% Lon Distance Service allocation
Town Manager Services at 28%
Jrn Sutter
CRO12808
37.54
100
46106
11
Reimbursement for purchase of hospitality items for 01/28/08
Board Meeting
Llo d /Gosselink
34875
253.03
100
43305
11
Misc Legal re: MUDs
Maguire Partners - suite 202
Maguire Partners - suite 202
02012008
02012008
250.21
5,140.56
100
100
46220
44110
11
11
Utilities - Town 50% allocation
Rent - Town 50% allocation
Maguire Partners -suite 207
Maguire Partners - suite 207
Maguire Partners -suite 207
Ma uire Partners -suite 207
Total Administration
02012008
02012008
02012008
02012008
13.34
249.86
324.57
6,078.20
17,450.38
100
100
100
100
46220
44410
46220
44110
11
11
11
11
Utilities -Town Secreta 3.67% Based on s . footage)
Rent - Town Secreta 3.67% Based on s . footage)
Utilities - Co urt 89.34% Based on s . footage).
Rent - Court 89.34% Based on s . footage)
Eddie Edwards
Total Building
CRO12808
462.56
462.56
100
46215
12 for
Reimbursement for purchase of new tires & a front end alignment
the Building Official Truck- 2005 Silverado
Denton County Clerk
Scott Merriman Inc.
Scott Merriman Inc.
01252008
037033
037034
124.00
225.84
225.84
100
100
100
43241
46130
46130
13 Filing
13 1
13 1
fees-recording of annexation & disannexation ordinances
minute book volume 11 plus S &H
Vol minute book/academy #2 plus S &H
Texas Secretary of State
CR012508
7.00
100
461 50
Filing
13
fees for Lone Star Public Facilities Corp. periodic report
non- rofit
Total Town Secretary582.68
Page 1 of 3 2/6/2008 3:11 PM
TOWN OF WESTLAKE
Invoices Received: 01/21/08 thru 02/03/08
For Review by Board on 02/11/08
..
ACS Firehouse Solutions
6745.7
1,137.50
100
43405
14
Firehouse software: scheduling & scheduler user, support contract
& modular license support 10/1 /2007 thru 10/01/2008
All Hands Fire Equipment
SO -12304
279.75
100
44213
14
Firefighter equipment ack
Atmos Energy 001812280
01182008
14.19
100
46225
14
Fire Station Gas Service
Casco
49442
38.00
100
46605
14
3/Tetrahedrons (red/orange - helmet reflectors
Emerqency Equip of N. TX
8005
257.85
100
46215
14
Engine 481: Repair water leak & check out fuel roblem
MES - Texas
0011477 SN
567.55
100
47416
14
3 -Voice Amplifier; 1 -AV -2000 communications bracket
Firehouse
Nortex Modular Space
20309
618.75
100
45325
14
Building Lease - Fire Station (February 2008
Roanoke Auto Supply
588473
22.18
100
46215
14
Vehicle Maintenance - license plate light M481 & ground light
E481
Southeastern Emergency Eqpn
228169
41.30
100
46615
14
Medical Supplies
Steric le
0005183265
10.53
100
46615
14
Hazardous Waste Management Fee
Tarrant County Fire & Arson
01252008
150.00
100
46115
14
Department membership with access to Arson Task Force Unit
Texas Engineering Ext. Sry
NH7141831
150.00
100
45830
14
December 18, 2007 ARFF 1851 Class tuition for: Lt. R. Whitten
Texas Fire Chiefs Association
6171
1,000.00
100
45830
14
Texas Fire Chiefs Academy - May 18-23,2008: Lt. Richard
Whitten
Tri-County Electric 131 -801
01242008
368.43
100
46220
14
Fire Station Electric Service
Verizon Business Fios
41696302.
59.95
100
45315
14
Fire Sfation Internet Line
Total Fire Dept.
4,715.98
Amanda DeGan
ER012308
267.15
100
48525
15
Mileage for Financial M mt Seminar
Amanda DeGan
ER012308
50.93
100
45820
15
Meals for Financial M mt Seminar
Bradley L. Bradley
02012008
2,541.66
100
43330
15
Judge Services for the month of February 2008
Office Depot
16445182 -00
21.59
100
46105
15
Credit memo for invoice #412481248 -001 (12 pack storage
boxes
7ffice Depot
16469765_ -00
50.41
100
46105
15
6 pack notebooks & letter storage files
otal Court
2,888.56
GeoShack
107256
200.00
100
44226
16
Metal Detector - 50%
Home Depot.
8020823
24.97
100
44303
16
Roll of plastic
O'Reily Auto Parts #880
0880 - 159312
115.47
100
44303
16
Misc. electrical parts
Tex -Art Stone
122509
300.00
100
44303
16
Load of sand
Tri-County Electric 150 -502
01242008
17.04
100
46220
16
ROW Irrigation Electric - Fair Oaks Drive
Tri -County Electric 150 -503
01242008
16.81
100
46220
16
ROW Irrigation Electric - Dove Road
Total Public Works
674.29
Hadden Landscaping
26737
1,977.30
100
43348
17
January 2008 Landscape Maintenance - Municipal Complex
Hadden Landscaping
26825
87.50
100
43344
17
January 2008 Irrigation Inspection a Dove Road& Triangle
Longhorn, Inc. .
31641713.001
39.70
100
44216
17
Pond drain repairs
Statton & Associates
8004
480.00
100
46180
17
2 office chairs: Joe Hennig & 2 office chairs: Eddie Edwards
Troy Meyer
ER012508
49.98
100
4531.5
17
November & December 2007 - DSL
Vector Concepts
13883 -1
687.00
100
43346
17
New carpet in Pod G
Total Facilities /Grounds
3,321.48
Li hthouse Family Medicine
012808
100.00 1
100 143135
18
Required physical exam: Joseph Lopez
Total Finance
100.00
Page 2 of 3 2/6/2008 3:11 PM
TOWN OF WESTLAKE
Invoices Received: 01 /21/08 thru 02/03/08
For Review by Board on 02/11/08
..
Hadden Landscaping
26736
1,220.83
100
43343
19
Januaray 2008 Trail Maintenance - Glenwyck Trails (50% to HOA
Hadden Landscaping
26826
22.36
100
43349
19
January 2008 Landscape Maintenance - Dove Road & Triangle
50% to HOA
Hadden Landscaping
26851
135.00
100
.44306
19
Trim shrubs, cleanup house across from cemetery
Texas Trees Foundation
1501
525.00
100
47711
19
ITrees: 5 -Bald Cypress', 4 -Desert Willow, 4 -Live Oak & 2-
Shumard Red Oak
Tri -County Electric 150 -506
01242008
94.90
100
46220
19
Park Electricity - 50% to GWF HOA - east side of park
Tri -County Electric 595 -772
01242008
529.56
100
46220
19
Park Electricity - 50% to GWF HOA - center of park
Total Parks /Recreation
2,527.65
Atmos Energy 001812050 -1
01212008
3,586.91
199 1
13020
0
Academy Gas Service - 100%
Tri-County Electric 150 -505 -1
01222008
6,446.36
199 1
13020
0
Academy Electric 12/20/07 thru 01/22/08
Total Academy
10,033.27
AT &T Long Distance 2
01042008
7.51
220
45305
11
Visitor Fund - 15% Long Distance Service allocation
Joe Hennig
01312008
3,982.00
220
43335
11
Town Manager Services at 22%
Judy Thomason
CRO12808
121.70
220
43510
11
Reimbursement for Office supplies for WPHS
Maguire Partners - suite 202
02012008
125.10
220
46220
11
Utilities - Visitor Fund 25% allocation
Maguire Partners - suite 202
02012008
2,570.28
220
44110
11
Rent - Visitor Fund 25% allocation
Due from Visitor Fund
6,806.59
AT &T Long Distance 3
01042008
7.51
500
45305
16
Utility Fund - 15% Long Distance Service allocation
Atlas Utility Supply
155034
349.15
500
44130
16
10 -Meter repair splice kits, 5- single meter boxes & 5- double meter
boxes
Atlas Utility Supply
155034
34.40
500
44226
16 1
Hydrant wrench
Atlas Utility Supply
155034
2,144.08
500
47420
16.
6 -3/4" meters, 4/1" meters & misc. meter fittings
Atlas Utility Supply
155048
224.04
500
44130
16 11
" angle valva compression x MSN
,tlas Utility Supply
155071
61.40
500 144114
16
Cleanout boot w /lid & clean out lid only
Atlas Utility Supply
155071
21.33
500
44130
16
3/4" angle valve FIP & MSN
GeoShack
107256
200.00
500
44226
16
Metal Detector - 50%
Joe Hennig
01312008
9,050.00
500
43335
16
Town Manager Services at 50%
Keller (City o
01282008
61.80
500
44312
16
Keller Waste Water - 1730 Ottin er Road
Keller (City o
01282008
25.0.1
500
44312
16
Keller Waste Water - 1730 Ottin er Road A
Maguire Partners - suite 202
02012008
125.10
500
46220
16
Utilities - Utility Fund 25% allocation
Maguire Partners - suite 202
02012008
2,570.28
500
44110
16
Rent - Utility Fund 25% allocation
Texas Student Housing
CRO12208
223.00
500
11501
0
Deposited TSH chk into OF bank acct accidently for Craig Terry
Tri-County Electric 800606413
01222008
15.45
500
46222
16
On -Line Meter Electric Service 12/20/07 thru 01/22/08
Due from Utility
15,112.55
Maguire Partners - suite 207
02012008
25.37
100
13100
0
Utilities- Texas Student Housing 6.98% Based on s . footage)
Maguire Partners - suite 207
02012008
475.09
100
13100
0
Rent - Texas Student Housing 6.98% Based on s . footage)
Due from TSH
500.46
GRAND TOTAL
i
77,966.30
Page 3 of 3 2/6/2008 3:.11 PM