HomeMy WebLinkAbout01-26-09 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the
conclusion of the Town Council Workshop, but not prior to the 7:00 p.m. posted start time.
TOWN OF WESTLAKE, TEXAS
Mission Statement
On behalf of the citizens, the mission of the Town of Westlake is to be a one-of-a-kind community
that blends our rural atmosphere with our rich culture and urban location.
Westlake, Texas – A Premier Knowledge Based Community
TOWN COUNCIL REGULAR MEETING
A G E N D A
JANUARY 26, 2009
WESTLAKE TOWN HALL
3 VILLAGE CIRCLE
MUNICIPAL COURT ROOM, SUITE 207
7:00 p.m.
1. CALL TO ORDER.
2. PLEDGE OF ALLEGIANCE.
3. CITIZEN PRESENTATIONS: This is an opportunity for citizens to address the
Council on any matter whether or not it is posted on the agenda. The Council cannot by
law take action nor have any discussion or deliberations on any presentation made to the
Council at this time concerning an item not listed on the agenda. The Council will receive
the information, ask staff to review the matter, or an item may be noticed on a future
agenda for deliberation or action.
Town of Westlake Town Council Page 2 of 3
Regular Meeting Agenda
January 26, 2009
4. CONSENT AGENDA: All items listed below are considered routine by the Town
Council and will be enacted with one motion. There will be no separate discussion of
items unless a Council Member or citizen so requests, in which event the item will be
removed from the general order of business and considered in its normal sequence.
a. Review and approve minutes of the Town Council Regular meeting and Workshop
held on January 12, 2009.
b. Consider a Resolution approving a revised Interlocal Agreement among Tarrant
County, City of Keller, City of Southlake and Town of Westlake concerning
acquisition of right-of-way for the FM 1938 project.
c. Consider a Resolution approving the Fort Worth Multi-Hazard Mitigation Plan as the
Town of Westlake’s all hazards emergency plan.
5. CONSIDER AN ORDINANCE CALLING AND ORDERING A GENERAL
ELECTION TO BE HELD ON MAY 9, 2009.
6. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or
Council meeting, under “Future Agenda Item Requests”, an agenda item for a future
Council meeting. The Council Member making the request will contact the Town
Manager with the requested item and the Town Manager will list it on the agenda. At the
meeting, the requesting Council Member will explain the item, the need for Council
discussion of the item, the item’s relationship to the Council’s strategic priorities, and the
amount of estimated staff time necessary to prepare for Council discussion. If the
requesting Council Member receives a second, the Town Manager will place the item on
the Council agenda calendar allowing for adequate time for staff preparation on the
agenda item.
- Consideration of restricting Cell Phone/PDA Usage in Vehicles in Active
School Zones within the Town of Westlake, specifically Westlake Academy.
(Council Member Corson)
7. COUNCIL CALENDAR.
- Joint Regional Meeting with NWISD, Roanoke and Trophy Club
o 1/29/09, 6:30 p.m., Westlake Town Hall
- TML Legislative Briefing
o 2/6 – 2/9/09, Austin, Texas
8. ADJOURNMENT.
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION
AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS
551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE.
Town of Westlake Town Council Page 3 of 3
Regular Meeting Agenda
January 26, 2009
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, by Friday,
January 23, 2009, by 5 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code.
_____________________________________
Kim Sutter, TRMC, Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town
Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you.
Town of
Westlake
Item # 2 – Pledge of
Allegiance
Texas Pledge:
"Honor the Texas
flag; I pledge
allegiance to thee,
Texas, one state under
God, one and
indivisible."
Town of
Westlake
Item # 3 – Citizens’
Presentations
This is an opportunity for
citizens to address the Council
on any matter whether or not it
is posted on the agenda. The
Council cannot by law take
action nor have any discussion
or deliberations on any
presentation made to the
Council at this time concerning
an item not listed on the
agenda. The Council will
receive the information, ask
staff to review the matter, or an
item may be noticed on a future
agenda for deliberation or
action.
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL WORKSHOP
January 12, 2009
PRESENT: Mayor Laura Wheat and Council Members Tim Brittan, Larry Corson, Carol
Langdon, and Rebecca Rollins.
ABSENT: Council Member Don Redding.
OTHERS PRESENT: Town Manager Thomas Brymer, Town Attorney Stan Lowry, DPS
Director Don Wilson, Finance Director Debbie Piper, Court
Administrator Amanda DeGan, Public Works Superintendent
Jarrod Greenwood, Planning and Development Director Eddie
Edwards, and Assistant to the Town Manager Ginger Awtry.
1. CALL TO ORDER.
Mayor Wheat called the workshop to order at 5:15 p.m.
2. DISCUSS AND CONSIDER A DRAFT PROPOSED OIL AND GAS DRILLING
TECHNICAL STANDARDS ORDINANCE, PROPOSED ZONING ORDINANCE
AMENDMENTS RELATED TO OIL AND GAS DRILLING, AND PROPOSED
PERMITS/FEES RELATED FOR OIL AND GAS DRILLING IN WESTLAKE.
Mayor Wheat introduced Mr. Scott W. Tinker, State Geologist, Bureau of Economic
Geology.
Mr. Tinker addressed the audience regarding natural gas, the Barnett Shale, urban
drilling, global demand, GDP and performance of gas wells in Tarrant County.
Mr. Tinker addressed questions from the audience.
Mayor Wheat stated that the Town would like to maximum efficiencies and allow
drilling of all minerals in Westlake, and would like to partner with Hillwood to develop a
master plan to determine the location of drill and pad sites in Westlake.
Mr. Mark Rollins, representing Hillwood, agreed with Mayor Wheat and stated that
Hillwood desires to be a good corporate citizen and, in an attempt to maximum drilling
Town of Westlake Town Council Page 2 of 3
Workshop Minutes
January 12, 2009
efforts, Hillwood is willing to work with the Town as well as other gas well drilling
operators regarding the various aspects of the drilling process.
Town Manager Brymer gave a brief history on the process of developing the proposed
ordinance. Additionally, Mr. Brymer reviewed the proposed gas and oil well drilling
technical standards ordinance, specifically well setbacks, roadway use requirements,
truck route requirements, fresh water for drilling process, noise level requirements,
lighting requirements, landscaping screening requirements, and wastewater disposal.
Town Manager Brymer presented the proposed zoning ordinance amendments related to
oil and gas drilling, and the proposed permits/fees for oil and gas drilling in Westlake.
Additionally, Mr. Brymer advised the Council that the zoning amendment was tabled by
the Planning and Zoning Commission in December until zoning amendments could be
presented that includes the Planned Developments (PD’s).
Discussion ensued with regard to zoning in the Planned Development districts (PD’s)
and the proposed technical standards.
Town Manager Brymer advised the Council that staff is requesting direction with regard
to the proposed setbacks and zoning amendments
The Council expressed a desire to review and understand Hillwood’s master plan as it
relates to gas well drilling and specifically the location of well and pad sites.
Town Manager Brymer expressed his appreciation to Town Attorney Lowry, Planning
and Development Director Edwards, DPS Director Wilson, and Public Works
Superintendent Greenwood for their efforts associated with the development of the
technical standards and zoning ordinances.
Town Manager Brymer advised that discussion would continue on the technical
standards and zoning ordinance at the next Council workshop to be held on January 26,
2009.
3. FUTURE AGENDA ITEMS.
There were not items submitted for consideration.
Town of Westlake Town Council Page 3 of 3
Workshop Minutes
January 12, 2009
4. ADJOURNMENT.
There being no further business, Mayor Wheat adjourned the workshop at 8:05 p.m.
APPROVED BY THE BOARD OF ALDERMEN ON JANUARY 26, 2009.
___________________________________
Laura Wheat, Mayor
ATTEST:
__________________________________
Kim Sutter, TRMC, Town Secretary
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL REGULAR MEETING
January 12, 2009
PRESENT: Mayor Laura Wheat and Council Members Tim Brittan, Larry Corson, Carol
Langdon, and Rebecca Rollins.
ABSENT: Council Member Don Redding.
OTHERS PRESENT: Town Manager Thomas Brymer, Town Attorney Stan Lowry,
Town Secretary Kim Sutter, DPS Director Don Wilson, Assistant
to the Town Manager Ginger Awtry, Planning and Development
Director Eddie Edwards, and Court Administrator Amanda DeGan.
1. CALL TO ORDER.
Mayor Wheat called the meeting to order at 9:01 p.m.
2. CITIZEN PRESENTATIONS.
Mr. Pat Cockrum, 1825 Broken Bend Drive, Westlake, addressed the Council regarding
the proposed oil and gas well drilling ordinance as it relates to the Town’s Mission,
Vision, and Values. Additionally, Mr. Cockrum presented proposed changes to the draft
ordinance.
3. CONSENT AGENDA.
Mayor Wheat introduced the consent agenda and asked for a motion.
a. Review and approve minutes of the Town Council Regular meeting and Workshop
held on December 8, 2008.
b. Resolution No. 09-01 - Consider a Resolution ratifying the approval and execution of
an amendment to the agreement with Terracon Consultants, Inc. for construction
materials testing service.
Town of Westlake Town Council Page 2 of 3
Regular Meeting Minutes
January 12, 2009
c. Resolution No. 09-02 - Consider a Resolution approving a naming policy for Town
owned facilities.
MOTION: Council Member Brittan made a motion to approve the consent agenda as
presented. Council Member Rollins seconded the motion. The motion
carried by a vote of 4-0.
4. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE
AMENDING CHAPTER 102 OF THE TOWN OF WESTLAKE CODE OF
ORDINANCES TO AMEND THE LAND USE SCHEDULE PERMITTING GAS
AND OIL DRILLING, EXPLORATION, AND PRODUCTION USES IN ALL
ZONING DISTRICTS WITH AN APPROVED SPECIFIC USE PERMIT. (Tabled
by the Planning & Zoning Commission at their December 18, 2008, meeting.)
Town Manager Brymer explained that the Planning and Zoning Commission tabled
recommendation of this item until zoning amendments for all districts, including Planned
Developments (PD’s), could be presented to the Commission for consideration.
No action taken by the Town Council.
5. CONSIDER AN ORDINANCE AMENDING CHAPTER 2, ARTICLE V.,
DIVISION 2, OF THE TOWN OF WESTLAKE CODE OF ORDINANCES,
REMOVING THE FEES AND USE SCHEDULE FROM THE CODE OF
ORDINANCES.
Town Manager Brymer introduced the item and advised the Council that adoption of the
Ordinance would remove the Fees and Use Schedule from the Code of Ordinances.
MOTION: Council Member Rollins made a motion to adopt Ordinance No. 606,
amending Chapter 2 of the Code of Ordinances by removing the Fees and
Use Schedule from the Code. Council Member Corson seconded the
motion. The motion carried by a vote of 4-0.
6. CONSIDER A RESOLUTION APPROVING AN AMENDED FEES AND USE
SCHEDULE.
Town Manager Brymer introduced the item and the proposed fees.
MOTION: Council Member Corson made a motion to approve Resolution No. 09-03,
approving an amended Fees and Use Schedule. Council Member
Langdon seconded the motion. The motion carried by a vote of 4-0.
Town of Westlake Town Council Page 3 of 3
Regular Meeting Minutes
January 12, 2009
7. FUTURE AGENDA ITEMS.
There were no items submitted for consideration.
8. COUNCIL CALENDAR.
Mayor Wheat reviewed the Council calendar.
- Texas Student Housing Authority meeting
O 1/20/09, 5:30 p.m.
- Joint Regional Meeting with NWISD, Roanoke and Trophy Club
o 1/29/09, 6:30 p.m., Westlake Town Hall
- TML Legislative Briefing
o 2/6 – 2/9/09, Austin, Texas
9. ADJOURNMENT.
There being no further business before the Council, Mayor Wheat asked for a motion to
adjourn the meeting.
MOTION: Council Member Brittan made a motion to adjourn the meeting. Council
Member Rollins seconded the motion. The motion carried by a vote of 4-
0.
Mayor Wheat adjourned the meeting at 9:15 p.m.
APPROVED BY THE TOWN COUNCIL ON JANUARY 26, 2009.
__________________________________________
Laura Wheat, Mayor
ATTEST:
____________________________________
Kim Sutter, TRMC, Town Secretary
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Jarrod Greenwood, Public Works Superintendent
Subject: Regular meeting of January 26, 2009
Date: January 15, 2009
ITEM
Consider a Resolution approving a revised Interlocal Agreement among Tarrant County,
City of Keller, City of Southlake and Town of Westlake concerning acquisition of right-
of-way for the FM 1938 project.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
; We are Leaders
o Infrastructure maintenance and planning
BACKGROUND
The City of Keller, City of Southlake, and Town of Westlake entered into an interlocal
agreement with Tarrant County in March 2002 for the purpose of right-of-way
acquisition for the FM 1938 project. However, this original agreement did not include
direction on how the funds would be disbursed between the cities. Therefore, this
proposed amendment is only intended to clarify how Tarrant County will distribute the
funding to the cities for right-of-way acquisition.
FUNDING
The ILA has no impact on the FY 08/09 budget.
RECOMMENDATION
Staff recommends approval.
ATTACHMENTS:
Resolution No. 09-04
Proposed Westlake-Tarrant County ILA
TOWN OF WESTLAKE
RESOLUTION NO. 09-04
APPROVING A REVISED INTERLOCAL AGREEMENT AMONG TARRANT
COUNTY, CITY OF KELLER, CITY OF SOUTHLAKE AND TOWN OF WESTLAKE
CONCERNING ACQUISITION OF RIGHT-OF-WAY FOR THE FM 1938 PROJECT.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1. That the the Town of Westlake does hereby approve a revised Interlocal
Agreement among Tarrant County, City of Keller, City of Southlake and Town of Westlake
concerning acquisition of right-of-way for the FM 1938 project (Exhibit A).
SECTION 2. That this resolution shall become effective upon the date of its passage.
PASSED AND APPROVED ON THIS 26 DAY OF JANUARY 2009.
_________________________________________
Laura Wheat, Mayor
ATTEST:
_________________________________ _________________________________________
Kim Sutter TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
__________________________________
L. Stanton Lowry, Town Attorney
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Don Wilson, Director of Public Safety
Subject: Regular Meeting of January 26, 2009
Date: January 15, 2009
ITEM
Adopt a Resolution approving the Fort Worth Multi-Hazard Mitigation Plan, as the Town
of Westlake’s all hazards emergency plan.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
; Inviting Residential & Corporate neighborhoods
o On-going comprehensive planning
o Sensitivity to neighborhood integrity
o Open space preservation
; We are Leaders
o High quality services delivery coupled with financial stewardships
o Infrastructure maintenance and planning
BACKGROUND
The Town of Westlake is a signature member of the Fort Worth – Tarrant County
emergency plan and as such must review and update the plan periodically. The Fort
Worth – Tarrant County Office of Emergency Management gathers information from
each signature member and coordinates these updates, including the latest FEMA
requirements. The Fort Worth – Tarrant County Office of Emergency Management then
submits these updated plans to FEMA for approval.
These emergency plans are designed to address the actions that the Town, and other
member jurisdictions signing the plan, will take in the event of an emergency – either
man-made or natural. This resolution, when approved, will continue the Town of
Westlake as a signature member of the plan. This action in effect adopts the latest
version of the plan as our emergency plan.
FUNDING
No funding required
RECOMMENDATION
Staff recommends approval
ATTACHMENTS
Resolution No. 09-05
TOWN OF WESTLAKE
RESOLUTION NO. 09-04
WORKING WITH THE FORT WORTH – TARRANT COUNTY OFFICE OF
EMERGENCY MANAGEMENT ADOPTS THE FORT WORTH HAZARD
MITIGATION ACTION PLAN AS THE TOWN’S MULTI-HAZARD
MITIGATION PLAN AND RESOLVES TO EXECUTE THE ACTIONS OF THE
PLAN SUBJECT TO AVAILABLE FUNDING.
WHEREAS, the Town of Westlake, with the assistance from the Fort Worth -
Tarrant County Office of Emergency Management has gathered information and prepared
the Fort Worth Hazard Mitigation Action Plan; and,
WHEREAS, the Fort Worth Hazard Mitigation Action Plan has been prepared in
accordance with FEMA requirements at 44 C.F.R. 201.6; and,
WHEREAS, the Town of Westlake is a local unit of government that has
afforded the citizens an opportunity to comment and provide input in the Plan and the
actions in the Plan; and
WHEREAS, the Town of Westlake has reviewed the Plan and affirms that the
Plan will be updated no less than every five years;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1. that the Town of Westlake Town Council hereby adopts the Fort
Worth Hazard Mitigation Action Plan as this jurisdiction’s Multi-Hazard Mitigation Plan,
and resolves to execute the actions in the Plan subject to available funding.
SECTION 2. That this resolution shall become effective upon the date of its
passage.
PASSED AND APPROVED ON THE 26 DAY OF JANUARY 2009.
___________________________________
Laura Wheat, Mayor
ATTEST:
_________________________________ ____________________________________
Kim Sutter TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
_________________________________
L. Stanton Lowry, Town Attorney
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Kim Sutter, Town Secretary
Subject: Regular Meeting of January 26, 2009
Date: January 21, 2009
ITEM
Consider an Ordinance calling and ordering a General election to be held on May 9,
2009.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
; Hospitality Finds its Home in Westlake
o Citizen engagement and communication
BACKGROUND
The Texas Election Code §3.004, requires the governing body of a political subdivision
to order a general election for the purpose of electing Council Members. As outlined in
the order, the term of office for the elected officials is two (2) years. (expiring May
2011.)
The term of office for Council Members Larry Corson, Carol Langdon, and Don Redding
will expire May 2009.
FUNDING
RECOMMENDATION
ATTACHMENTS:
Ordinance No. 607
Ordinance Calling and Ordering May 2009 Election Page 1 of 3
January 26, 2009
TOWN OF WESTLAKE
ORDINANCE NO. 607
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, CALLING AND ORDERING AN ELECTION FOR THE PURPOSE OF
ELECTING THREE (3) COUNCIL MEMBERS TO BE HELD ON MAY 9, 2009, 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 TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS, THAT:
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 9 day of May 2009, the second Saturday of that month, for the purpose of
electing three (3) Council Members for two (2) year terms, in accordance with Section 23.023 of
the Texas Local Government Code.
SECTION 2. 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 9, 2009, 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 3. Filing Dates. In accordance with Section 143.007 of the Code, eligible
persons wishing to be come candidates must file an application with the Town Secretary of the
Town of Westlake, Texas, on or before the 9 day of March 2009 until 5:00 o'clock p.m. Each
application shall be on a form meeting the requirements of Section 141.031 of the code.
SECTION 4. 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 5. 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
Ordinance Calling and Ordering May 2009 Election Page 2 of 3
January 26, 2009
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 27 through May 1 (Monday – Friday) 8:00 a.m. to 5:00 p.m.
May 2 (Saturday) 7:00 a.m. to 7:00 p.m.
May 3 (Sunday) 11:00 a.m. to 4:00 p.m.
May 4 through May 5 (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 10, 2009, but received no
later than May 1, 2009, and mailed to:
Steve Raborn
Early Voting Clerk
P.O. BOX 961011
Fort Worth, Texas 76161-0011
SECTION 6. Notice. Notice of said elections shall be given as required by the Texas
Election Code.
SECTION 7. 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 8: Election Results. That the three (3) candidates for Council who receive the
highest number of votes shall be elected to two (2) year terms;
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 Town Council shall order a second election to be held on June 13,
2009, 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 9. 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.
Ordinance Calling and Ordering May 2009 Election Page 3 of 3
January 26, 2009
SECTION 10. 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 11. 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 12. Severability Clause. It is hereby declared to be the intention of the
Town Council 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 Town
Council without the incorporation in this order of any such invalid or unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION 13. Effective Date. This order shall be effective upon its adoption.
PASSED AND APPROVED by the Town Council of the Town of Westlake, Texas, on
this 26 day of January 2009.
APPROVED:
_____________________________
Laura Wheat, Mayor
ATTEST:
_______________________________ ______________________________
Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED:
______________________________
L. Stanton Lowry, Town Attorney
6. FUTURE AGENDA ITEMS: Any Council member may request at a workshop
and / or Council meeting, under “Future Agenda Item Requests”, an agenda item
for a future Council meeting. The Council Member making the request will
contact the Town Manager with the requested item and the Town Manager will
list it on the agenda. At the meeting, the requesting Council Member will explain
the item, the need for Council discussion of the item, the item’s relationship to the
Council’s strategic priorities, and the amount of estimated staff time necessary to
prepare for Council discussion. If the requesting Council Member receives a
second, the Town Manager will place the item on the Council agenda calendar
allowing for adequate time for staff preparation on the agenda item.
- Consideration of restricting Cell Phone/PDA Usage in Vehicles in
Active School Zones within the Town of Westlake, specifically
Westlake Academy. (Council Member Corson)
BACKGROUND AS PROVIDED BY COUNCIL MEMBER CORSON:
As a background, I introduced this issue about a year ago when Highland/University Park enacted their
regulation against cell phone usage in active school zones and asked that we explore the issue. At the time,
there were a number of questions on enforceability of such a provision and the Board concluded
unanimously that signs encouraging against usage would be the better way to go. It should be noted that
Southlake currently has similar type signs on the school grounds of their various campuses.
Recently, the Carroll ISD has introduced a provision to specifically prohibit usage in active school zones and
it is currently under public review. It should also be noted that the Star Telegram published an editorial this
past weekend encouraging passage of the Southlake provision.
It should also be noted that there is some support within the State Legislature to prohibit cell phone usage
in general while driving - no clear indication though whether it has sufficient support to pass. However,
several states already prohibit cell phone usage while driving.
I'm interested in revisiting the issue because most of WA students arrive by car thus there is more car traffic
during WA's active school zone time than what you see in other schools. The safety issue is undeniable.
The enforceability issue seems to have been addressed by other ISD's/municipalities. It also speaks to
some of the Westlake vision issues. We should be a leader on safety issues and setting a good example by
our adult drivers for our student drivers. On a personal note, I have curtailed dramatically my own usage in
general while driving (due to some close calls and trying to set a better example) but I am highly fearful of
my kids texting or talking when they start driving (soon) and the potential risk that comes with it.
Town of
Westlake
Item # 6 –
Future Agenda
Items
Council Planning Calendar
Items not scheduled for a specific meeting are listed here (require discussion):
Date Contact Description Format
5/23/08 J. Greenwood Southlake Waterline Proposal Workshop
5/30/08 T. Meyer Cemetery Rules and Regulations Workshop
7/29/08 T. Meyer Park and Rec. Adv. Board Workshop
12/15/08 D. Piper Hear and Accept Town’s Annual Audit Report (Feb/Mar) Meeting
1/2/09 J. Greenwood Report on Recycling Program Update
Feb. 9, 2009, Meeting (submittal deadline Jan. 29)7 p.m.
Date Contact Description Format
11/13/08 K. Sutter Approve election contract with Tarrant County Meeting
12/9/08 J. Greenwood FM 1938 Streetscape concepts presentation Workshop
11/12/08 T. Brymer “Green Initiative” Mike Conduff Workshop
1/5/09 A. DeGan Municipal Court Credit Card Contract Amendment (consent) Meeting
1/20/09 T. Brymer Rail North Texas Meeting
Feb. 23, 2009, Meeting (submittal deadline Feb. 12) 7 p.m.
Date Contact Description Format
12/9/08 T. Meyer Update on Arts & Sciences Center Building TBD
1/13/09 D. Piper Consideration of 2009‐10 Budget Adoption Calendar Meeting
12/9/08 T. Brymer Discussion regarding Strategic Plan TBD
1/20/09 D. Wilson KPD Racial Profiling and Yearly Service Report Meeting
Mar. 9, 2009, Meeting (submittal deadline Feb. 26) 7 p.m.
Date Contact Description Format
1/13/09 T. Brymer Deloitte Status Presentation Workshop
1/13/09 T. Brymer Presentation of Direction Finder Survey Results Workshop
Mar. 23, 2009, Meeting (submittal deadline Feb. 26) 7 p.m.
Date Contact Description Format
1/13/09 T. Brymer Presentation of Direction Finder Survey Results Workshop
January 2009 1 February 2009 2 March 2009 3
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Trustee and Aldermen Meeting Aldermen Meeting
Holiday
7. COUNCIL CALENDAR.
- Joint Regional Meeting with NWISD, Roanoke and Trophy Club
• 1/29/09, 6:30 p.m., Westlake Town Hall
- TML Legislative Briefing
• 2/6 – 2/9/09, Austin, Texas
Town of
Westlake
Item # 7 –
Board Calendar
Town of
Westlake
Item # 8 –
Adjournment
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