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HomeMy WebLinkAbout10-05-09 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. Page 1 of 4 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 MEETING AGENDA October 5, 2009 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE, 2ND FLOOR COUNCIL CHAMBERS / MUNICIPAL COURT ROOM Workshop Session 6:30 p.m. Regular Session 7:00 p.m. Workshop Session 1. CALL TO ORDER 2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM OCTOBER 5, 2009, COUNCIL REGULAR MEETING AGENDA. 3. DISCUSS THE MARRIOT AGREEMENT. Page 2 of 4 4. 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. - None 5. ADJOURNMENT Regular Session 1. CALL TO ORDER 2. 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. 3. 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 Workshop and Regular meeting held on September 21, 2009. b. Consider a Resolution designating a public newspaper of general circulation as the official newspaper for the Town of Westlake. 4. CONSIDER AN ORDINANCE AMENDING THE CONCEPTUAL OPEN SPACE PLAN MAP TO ADOPT THE REVISED TRAIL SYSTEM MAP. 5. 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 Page 3 of 4 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. - NONE 6. COUNCIL CALENDAR - Texas Municipal League Annual Conference (Fort Worth) o October 20-23, 2009 - Municipal excellence in the Management Innovations category for our Westlake Windows program o Oct. 21st (3:00-4:45pm at TML) - Town Council Workshop and Regular meeting o October 26, 2009 - Westlake Baja at Vaquero o November 16, 2009, 3:30 p.m. - Westlake Tree Lighting o December 3, 2009, TBD - Town Council Workshop and Regular meeting o November 9, 2009 - Vaquero Baja (fundraiser for the Academy) o November 16, 2009, 3:30 p.m. - Westlake Tree Lighting - TBD o December 3, 2009 - Town Council Workshop and Regular meeting o December 14, 2009 7. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Sec. 551.072- Deliberation Regarding Real Property to Deliberate the sale, exchange, or value of real property- FM 1938 ROW. b. Section 551.071(2) – Consultation with City Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Landscape and streetscape funding requirements along F.M. 1938. Page 4 of 4 8. RECONVENE MEETING 9. TAKE ANY NECESSARY ACTION FROM EXECUTIVE SESSION, IF NECESSARY 10. 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. I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, by Thursday, October 1, 2009, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. CERTIFICATION _____________________________________ Kelly Edwards, 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. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM OCTOBER 5, 2009, COUNCIL REGULAR MEETING AGENDA. a. Review and approve minutes of the Town Council Workshop and Regular meeting held on September 21, 2009. b. Consider a Resolution designating a public newspaper of general circulation as the official newspaper for the Town of Westlake. c. Consider an Ordinance amending the Conceptual Open Space Plan map to adopt the revised trail system map. Town of Westlake Item # 2 – Review of Consent Agenda Items 1 Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Tom Brymer, Town Manager Subject: Workshop Meeting of October 5, 2009 Date: September 28, 2009 Discussion of a Proposed Economic Development Grant of Hotel/Motel Occupancy Funding to the Marriott Solana Hotel Related to Tourism Promotion to Maintain and Improve Hotel Occupancy in Westlake ITEM This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS  Hospitality Finds its Home in Westlake o Citizen engagement and communication o Historic Preservation o Tourism development The Town collects a 15% hotel/motel occupancy tax. Since FY 05 the Town has utilized some of these funds to assist in the funding of the three hundred (300) room Marriott Solana Hotel’s bus transportation system used for the hotel’s guests. In this first year of funding the Town granted Marriott Solana $152,000 for transportation. The FY 06 the second year’s funding was $156,000 for transportation and $48,000 for Marriott Solana marketing. In FY 07 funding was reduced to $50,000 for transportation only. In FY 08 funding was $56,260 for transportation only. BACKGROUND (Including Policy Implications and Options): With the adoption of the FY 09 Town Budget, the Council did approve $150,000 designated for economic development assistance for the Marriott Solana. While $56,000 was designated for assisting in the funding of the hotel’s bus transportation system, the $94,000 balance was intended to incent additional group bookings of the hotel. Due to a change in managers at the Marriott Solana and discussions related to their funding request, a contract between the Town and Marriott for the use of these funds was not approved in FY 09 by the Council. Thus, no funding for this purpose was expended by the Town in FY 09. With the current economic environment causing a decrease in business travel, the Town staff had been working with the Marriott Solana Hotel on a new economic development agreement modeled after a program in Addison, Texas. This program would allow the Marriott Solana to discount their room rates in order to generate new group business and/or maintain existing group sales. Staff’s review of the Town of Addison group incentive hotel program shows that 2 Addison has a total of approximately 3,500 hotels rooms (all hotels combined) and they allocated $260,000 in FY 09 for this program. This is an approximate 30% decrease from the program’s previous funding levels with said funding being reduced when the economy down turned. At the time Addison started this program, they did not have a Convention & Visitors Bureau (CVB), although they do have one now. Westlake does not have a CVB, but does contract for marketing/PR services, although this does not include hotel marketing. At one time the Westlake did have a full time position devoted to marketing/PR, however, they did not perform hotel group booking marketing services. One option Westlake has would be to reduce the funding for the group incentive program from $94,000 to a lesser number and monitor the progress of the program. If it is deemed successful by the Town’s standards, the Council could increase the funding for it by budget amendment at a later date. Contractual agreements in the form of Chapter 380 grants between the Town and the Marriott Solana would be necessary for the disbursement of any funds for this purpose. This agreement would allow the Marriott Solana to compete more aggressively with other area hotels for a currently shrinking market, while helping support the long-term vision point and strategic plan for Hospitality Finds its Home in Westlake with its associated key result area of increasing tourism. This proposed program was reviewed with the Council at its August 10, 2009 workshop. After much discussion, the Council determined that they would like to discuss this further at a future meeting with the Marriott Solana Manager present. Following that Council meeting, the staff visited with Mr. Nour Laasri, to communicate the Council’s questions and concerns. Staff requested that Mr. Laasri address these questions and concerns in a letter to the Council which is attached. To put this discussion in context, the Town’s hotel/motel occupancy tax revenue averages about $400,000-500,000 annually, which represents approximately 5-6% of the total Town revenues in its 5 most active operating funds. FUNDING Under the proposed group incentive booking proposal, the Town of Westlake would participate by granting back up to 75% of the hotel/motel occupancy tax for group sales business that meets the requirements outlined in the agreement: 1. Minimum $10,000 in room night revenues 2. Maximum of $5,000 discount 3. Westlake receives appropriate sponsorship recognition on all correspondence 4. A maximum usage of twice per eighteen (18) months per organization unless authorized in advance by the Town. RECOMMENDATION Recommend that the Council review and discuss this proposed economic incentive program with the Marriott Solana manager and make a determination if the Council feels that such a program supports the long-term vision point in its adopted Strategic Plan, Hospitality Finds its Home in Westlake and with the key result area for measuring this vision point being attaining an increase in of increasing tourism. This agreement is intended to allow the Marriott Solana to compete more aggressively and effectively with : 3 other area hotels for a currently shrinking market. ATTACHMENTS • Letter from Nour Laasri, Marriott Solana Manager, dated September 11, 2009 re: additional information requested by Council about funding their funding request : • Economic Development Program Agreement with the Solana Marriott Hotel o Exhibit A – Economic Development Policy o Exhibit B – Proposed Town of Westlake Hotel Group Business Incentive Program Page 1 Economic Development Program Agreement ECONOMIC DEVELOPMENT PROGRAM AGREEMENT This ECONOMIC DEVELOPMENT PROGRAM AGREEMENT (“Agreement”) is entered into by and between the TOWN OF WESTLAKE, TEXAS (the “Town ”), a Type -A general law municipal corporation organized under the laws of the State of Texas, and ___________________________________, (“Marriott:), a __________________. The Town and Marriott are collectively referred to as the “Parties”. RECITALS The Town and Marriott hereby agree that the following statements are true and correct and constitute the basis upon which the Town and Marriott have entered into this Agreement: A. Marriott owns and operates a ______ room, full-service hotel located at _________________________________, Westlake, Texas,(the “Hotel”) The Hotel provides a valuable catalyst for visitors, tourism and economic development to the Town. B. In order to increase visitors and tourism, and to maximize the economic benefits that the Hotel can bring to the Town, the Town and Marriott desire to enter into this Agreement. C. In accordance with Resolution No. ______, adopted by the Town Council on ________________ __, _____, attached hereto as Exhibit “A” and hereby made a part of this Agreement for all purposes, the Town has established an economic development incentive policy and program pursuant to which the Town will, on a case-by-case basis, offer economic incentive packages authorized by Chapter 380 of the Texas Local Government Code, Article III, Section 52-a of the Texas Constitution, and other applicable laws, that include monetary loans and grants of public money, as well as the provision of personnel and services of the Town, to businesses and entities that the Town Council determines will promote state or local economic development and stimulate business and commercial activity in the Town in return for verifiable commitments from such businesses or entities to cause specific infrastructure, employment and other public benefits to be made or invested in the Town (the “380 Program ”). D. The Town Council has determined that by entering into this Agreement, the potential increase of visitors and tourism and economic benefits that will accrue to the Town under the terms and conditions of this Agreement are consistent with the Town’s economic development objectives and the 380 Program and will further the goals for positive economic growth, visitors and tourism in the Town. This Agreement is authorized by Chapter 380 of the Texas Local Government Code and the 380 Program. Page 2 Economic Development Program Agreement NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: AGREEMENT 1. INCORPORATION OF RECITALS . The Town Council has found at a duly-called and legally-noticed public meeting through the adoption of Town Resolution No. ________, attached hereto as Exhibit “B” and hereby made a part of this Agreement for all purposes, and the Town and Marriott hereby agree, that the recitals set forth above are incorporated herein and true and correct and form the basis upon which the Parties have entered into this Agreement. 2. DEFINITIONS In addition to terms defined in the body of this Agreement, the following terms shall have the definitions ascribed to them as follows: . 380 Program has the meaning ascribed to it in Recital C. Affiliate means all entities, incorporated or otherwise, under common control with, controlled by or controlling Marriott . For purposes of this definition, “control” means fifty percent (50%) or more of the ownership determined by either value or vote. Program Grants means the annual allowable economic development grants paid (whether in one or multiple installments) by the Town to Marriott in accordance with this Agreement and as part of the 380 Program. Program Source Funds means an amount of Town funds legally available for inclusion in a Program Grant that is payable to Marriott in a given Program Year, which shall be derived from hotel occupancy taxes generated by the Hotel and received by the Town pursuant to Chapter 351 of the Texas Tax Code, or other legally available funds of the Town. Program Year means a calendar year in which the Town is obligated pursuant to this Agreement to pay Marriott a Program Grant, beginning with the first full calendar year following the execution of this Agreement. Quarterly Report has the meaning ascribed to it in Section 4.2. Records has the meaning ascribed to it in Section 4.3. Term has the meaning ascribed to it in Section 3. Page 3 Economic Development Program Agreement Town of Westlake Hotel Support Program has the meaning ascribed to it in Section 4.1. 3. TERM . This Agreement shall be effective as of the date of execution by the Parties (the “Effective Date ”) and, unless terminated earlier in accordance with this Agreement, shall expire one (1) year from the Execution Date.. 4. TOWN AND MARRIOTT’S OBLIGATIONS AND COMMITMENTS . 4.1. Town of Westlake Hotel Support Program The Town of Westlake Hotel Support Agreement, attached hereto as Exhibit “C” and hereby made a part of this Agreement for all purposes (the “Hotel Support Agreement”) details the obligations of Marriott to receive, and the Town to grant, the Program Grants from the Program Source Funds during the Program Year. 4.2. Reports and Filings . On a quarterly basis during the Term, Marriott shall submit a written report to the Town specifically delineating its compliance with this Agreement (the “Quarterly Report ”). The Quarterly Report shall be received by the Town Manager no later than thirty (30) days from the end of each three (3) month quarter. 4.3. Audits . The Town will have the right throughout the Term to audit the financial and business records of Marriott that relate to the performance of this Agreement and any other documents necessary to evaluate Marriott’ compliance with this Agreement or with the goals set forth in this Agreement, including, but not limited to construction documents and invoices (collectively “Records”). Marriott shall make all Records available to the Town at the Hotel or at another location in the Town acceptable to both parties following reasonable advance notice by the Town and shall otherwise cooperate fully with the Town during any audit. 5. DEFAULT, TERMINATION AND FAILURE BY MARRIOTT TO MEET VARIOUS DEADLINES AND COMMITMENTS . 5.1. Continuous Operation. Following the Completion Date, if Marriott fails to continuously operate a full-service hotel at _______________, Westlake, Texas, 7_________, the Town shall have the right to terminate this Agreement by Page 4 Economic Development Program Agreement providing written notice to Marriott without further obligation to Marriott hereunder. 5.2. Failure to Pay Town Taxes or Fees . An event of default shall occur under this Agreement if any legally- imposed Town taxes or fees owed on, or generated by, the hotel become delinquent and Marriott or the Affiliate does not either pay such taxes or follow the legal procedures for protest and/or contest of any such taxes. In this event, the Town shall notify Marriott in writing and Marriott shall have sixty (60) calendar days to cure such default. If the default has not been fully cured by such time, the Town shall have the right to terminate this Agreement immediately by providing written notice to Marriott and shall have all other rights and remedies that may be available to it under the law or in equity. 5.3 Violations of Town Code, State or Federal Law . An event of default shall occur under this Agreement if any written citation is issued to Marriott or an Affiliate due to the occurrence of a violation of a material provision of the Town Code at the Hotel (including, without limitation, any violation of the Town’s Building or Fire Codes and any other Town Code violations related to the environmental condition of the Hotel; the environmental condition other land or waters which is attributable to operations on the Hotel; or to matters concerning the public health, safety or welfare) and such citation is not paid or the recipient of such citation does not properly follow the legal procedures for protest and/or contest of any such citation. An event of default shall occur under this Agreement if the Town is notified by a governmental agency or unit with appropriate jurisdiction that Marriott or an Affiliate, or any successor in interest thereto, any third party with access to the Hotel pursuant to the express or implied permission of Marriott or an Affiliate, or any a successor in interest thereto, is in violation of any material state or federal law, rule or regulation on account of the Hotel, improvements on the Hotel or any operations thereon (including, without limitation, any violations related to the environmental condition of the Hotel; the environmental condition other land or waters which is attributable to operations on the Hotel; or to matters concerning the public health, safety or welfare). Upon the occurrence of such default, the Town shall notify Marriott in writing and Marriott shall have (i) thirty (30) calendar days to cure such default or (ii) if Marriott has diligently pursued cure of the default but such default is not reasonably curable within thirty (30) calendar days, then such amount of time that the Town reasonably agrees is necessary to cure such default. If the default has not been fully cured by such time, the Town shall have the right to terminate this Agreement immediately by providing written notice to Marriott and shall have all other rights and remedies that may be available to under the law or in equity. Page 5 Economic Development Program Agreement 5.4. Knowing Employment of Undocumented Workers . Marriott acknowledges that effective September 1, 2007, the Town is required to comply with Chapter 2264 of the Texas Government Code, enacted by House Bill 1196 (80th Texas Legislature), which relates to restrictions on the use of certain public subsidies. Marriott hereby certifies that Marriott, and any branches, divisions, or departments of Marriott, does not and will not knowingly employ an undocumented worker, as that term is defined by Section 2264.001(4) of the Texas Government Code. In the event that Marriott, or any branch, division, or department of Marriott , is convicted of a violation under 8 U.S.C. Section 1324a(f) (relating to federal criminal penalties and injunctions for a pattern or practice of employing unauthorized aliens): • if such conviction occurs during the Term of this Agreement, this Agreement shall terminate contemporaneously upon such conviction (subject to any appellate rights that may lawfully be available to and exercised by Marriott) and Marriott shall repay, within one hundred twenty (120) calendar days following receipt of written demand from the Town, the aggregate amount of the Program Grants received by Marriott hereunder, if any, plus Simple Interest at a rate of four percent (4%) per annum; or • if such conviction occurs after expiration or termination of this Agreement, subject to any appellate rights that may lawfully be available to and exercised by Marriott, Marriott shall repay, within one hundred twenty (120) calendar days following receipt of written demand from the Town, the aggregate amount of the Program Grants received by Marriott hereunder, if any, plus Simple Interest at a rate of four percent (4%) per annum. For the purposes of Section 6.5, “Simple Interest” is defined as a rate of interest applied to the aggregate amount of the Program Grants. This Section 6.5 does not apply to convictions of any subsidiary or affiliate entity of Marriott, by any franchisees of Marriott, or by a person or entity with whom Marriott contracts. Notwithstanding anything to the contrary herein, this Section 6.5 shall survive the expiration or termination of this Agreement. 5.5. Failure to Submit Reports . Without limiting the application of Section 5.6, if Marriott fails to submit any report required by and in accordance with Section 4.2, the Town’s obligation to pay any Program Grants at the time, if any, shall be suspended until Marriott has provided all required reports. Page 6 Economic Development Program Agreement 5.6. General Breach . Unless stated elsewhere in this Agreement, Marriott shall be in default under this Agreement if Marriott breaches any term or condition of this Agreement. In the event that such breach remains uncured after thirty (30) calendar days following receipt of written notice from the Town referencing this Agreement (or, if Marriott has diligently and continuously attempted to cure following receipt of such written notice but reasonably requires more than thirty (30) calendar days to cure, then such additional amount of time as is reasonably necessary to effect cure, as determined by both parties mutually and in good faith), the Town shall have the right to terminate this Agreement immediately by providing written notice to Marriott . 6. NO INDEPENDENT CONTRACTOR OR AGENCY RELATIONSHIP . It is expressly understood and agreed that Marriott shall not operate as an independent contractor or as an agent, representative or employee of the Town. Marriott shall have the exclusive right to control all details and day-to-day operations relative to the Hotel Support Program and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. Marriott acknowledges that the doctrine of respondeat superior will not apply as between the Town and Marriott, its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. Marriott further agrees that nothing in this Agreement will be construed as the creation of a partnership or joint enterprise between the Town and Marriott . 7. INDEMNIFICATION . MARRIOTT, AT NO COST OR LIABILITY TO THE TOWN, AGREES TO DEFEND, INDEMNIFY AND HOLD THE TOWN, ITS OFFICERS, AGENTS, ATTORNEYS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO MARRIOTT’ BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i) MARRIOTT’ BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT; OR (ii) ANY ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF MARRIOTT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE TOWN , OR ITS EMPLOYEES, OFFICERS, AGENTS, ASSOCIATES, CONTRACTORS OR SUBCONTRACTS), OR SUBCONTRACTORS DUE OR RELATED TO OR ARISING FROM OPERATION AND CONDUCT OF THE HOTEL SUPPORT PROGRAM OR OTHERWISE TO THE PERFORMANCE OR OBLIGATIONS OF THIS AGREEMENT. Page 7 Economic Development Program Agreement 8. NOTICES . All written notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: Town: Marriott : Town Attn: of Westlake _______________________________ Town 3 Village Circle, #202 _______________________________ Manager _______________________________ Westlake, Texas 76262 _______________________________ With Copies to (which shall not constitute notice): Boyle & Lowry, L.L.P. Attn: L. Stanton Lowry 4201 Wingren Dr., Suite 108 Irving, Texas 75062 9. ASSIGNMENT AND SUCCESSORS . Marriott may at any time assign, transfer or otherwise convey any of its rights or obligations under this Agreement to an Affiliate without the approval of the Town so long as Marriott, the Affiliate and the Town first execute an agreement under which the Affiliate agrees to assume and be bound by all covenants and obligations of Marriott under this Agreement. Otherwise, Marriott may not assign, transfer or otherwise convey any of its rights or obligations under this Agreement to any other person or entity without the prior consent of the Town Council, conditioned on (i) the prior approval of the assignee or successor and a finding by the Town Council that the proposed assignee or successor is financially capable of meeting the terms and conditions of this Agreement and (ii) prior execution by the proposed assignee or successor of a written agreement with the Town under which the proposed assignee or successor agrees to assume and be bound by all covenants and obligations of Marriott under this Agreement. Any attempted assignment without the Town Council’s prior consent shall constitute a breach and be grounds for termination of this Agreement and following receipt of written notice from the Town to Marriott. Any lawful assignee or successor in interest of Marriott of all rights under this Agreement shall be deemed “Marriott ” for all purposes under this Agreement. Page 8 Economic Development Program Agreement 10. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS . This Agreement will be subject to all applicable federal, state and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the Town ’s codes and ordinances, as amended. 11. GOVERNMENTAL POWERS . It is understood that by execution of this Agreement, the Town does not waive or surrender any of it governmental powers or immunities that are outside of the terms, obligations, and conditions of this Agreement. 12. NO WAIVER . The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party’s right to insist upon appropriate performance or to assert any such right on any future occasion. 13. VENUE AND JURISDICTION . If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas – Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 14. NO THIRD PARTY RIGHTS . The provisions and conditions of this Agreement are solely for the benefit of the Town and Marriott, and any lawful assign or successor of Marriott , and are not intended to create any rights, contractual or otherwise, to any other person or entity. 15. FORCE MAJEURE . It is expressly understood and agreed by the Parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war, civil commotion, acts of God, inclement weather, or other circumstances which are reasonably beyond the control or knowledge of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such requirement shall be extended for a period of time equal to the period such party was delayed. Notwithstanding anything to the contrary herein, it is specifically understood and agreed that Marriott’ failure to obtain adequate financing to Page 9 Economic Development Program Agreement complete the Required Improvements by the Completion Deadline shall not be deemed to be an event of force majeure and that this Section 16 shall not operate to extend the Completion Deadline in such an event. 16. INTERPRETATION . In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any party, regardless of the actual drafter of this Agreement. 17. SEVERABILITY CLAUSE . It is hereby declared to be the intention of the Parties that sections, paragraphs, clauses and phrases of this Agreement are severable, and if any phrase, clause, sentence, paragraph or section of this Agreement shall be declared unconstitutional or illegal by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Agreement since the same would have been executed by the Parties without the incorporation in this Agreement of any such unconstitutional phrase, clause, sentence, paragraph or section. It is the intent of the Parties to provide the economic incentives contained in this Agreement by all lawful means. 18. CAPTIONS . Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 19. ENTIRETY OF AGREEMENT . This Agreement, including any exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the Town and Marriott, and any lawful assign and successor of Marriott, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. Notwithstanding anything to the contrary herein, this Agreement shall not be amended unless executed in writing by both parties and approved by the Town Council of the Town in an open meeting held in accordance with Chapter 551 of the Texas Government Code. 20. COUNTERPARTS . This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. Page 10 Economic Development Program Agreement EXECUTED as of the last date indicated below: TOWN OF WESTLAKE: _______________________________ _______________________________ a Texas_________________________ By: By: Tom Brymer _____________________________ Town Manager _____________________________ Date: Date: APPROVED AS TO FORM AND LEGALITY: By: L. Stanton Lowry Town Attorney H:\Boyle-Lowry\BEDFORD\bfd-agreements\wl-agr econ dev agr Marriott.DOC Page 11 Economic Development Program Agreement EXHIBITS “A” – Town of Westlake Resolution No. _____ “B” – Town of Westlake Resolution No. _____ “C” – Town of Westlake Hotel Support Program PROPOSED TOWN OF WESTLAKE HOTEL GROUP BUSINESS INCENTIVE PROGRAM Description: A cooperative marketing program by and between the Town of Westlake, Texas (the “Town”) and the Dallas/Fort Worth Marriott Solana Hotel (the “Hotel”) designed to assist the Hotel in increasing tourism, visitors, and group sales in the way of hotel room nights at the Hotel. The groups can be new business or groups that have previously met at the Hotel but are considering other hotels. The Town and the Hotel will share in the cost of providing an amenity that will encourage the group to choose the Town as its destination.  Requests by the Hotel for funds shall be submitted to the Town Guidelines: at the bid time , not after the group has made its decision to book at the Hotel.  Applications may be submitted by the Hotel for group sales that take place in the current fiscal year or future years.  Proposed group business shall book a minimum of $10,000 in room night revenue.  A maximum of $5,000 is available to each group, up to an annual cap of $_______________.  The Town shall receive sponsor recognition in all correspondence and at the meeting/convention in a manner approved by the Town.  The following list of amenities shall be approved for funding. Items not listed below will be evaluated on an individual basis and approved by the Town: Food and Beverage Events: Breakfast, lunch, dinner, cocktail receptions, etc. Meeting Support: Audiovisual equipment, rentals. Promotional: Program ad, welcome banners, participant bags, and VIP gifts. Staff Support: Letters to group from Mayor, or other Town staff member, conducting community tours, etc. Procedures: The Application shall include the following information before it will be reviewed by the Town. Hotel Information: Date of Application, Name of Hotel, Sales Manager and Phone Number. Group Information: Group Name, Contact Name, Address, Phone Number, Program Dates, Estimated Rooms Nights, Estimated Room Night Revenue, Estimated Catering Revenue, Estimated Outlet Revenue. 3 Village Circle, Suite #202 Westlake, TX 76262 VISITOR SERVICES (817) 430-0941 – Fax (817) 430-1812 Page 2 of 2 Proposed Town Of Westlake Hotel Group Business Incentive Program Signatures: The Application shall be signed by the hotel Sales Manager and Director of Sales prior to it being submitted for approval. The Application shall be considered by the Town Manager within ten days providing that all of the requested information is received.  Once the Application has been approved, a confirmation letter will be sent to the Sales Manager of the Hotel confirming the approval fund amount.  Since funds are reserved for every Application that is approved, the Hotel shall provide a written report to the Town on a quarterly basis detailing the results of the group sales events in terms of total room nights generated, type of event, number of total guests, and any other pertinent information that will assist the Town in documenting the effectiveness of the Program. Quarterly Report sent to: Town Manager Town of Westlake 3 Village Circle Suite #202 Westlake, TX 76262 817-430-0941 817-430-1812 FAX  Airport Shuttle Service: In order to increase tourism, visitors and hotel room nights to the Town and Hotel, the parties to this Agreement agree that a daily-operational shuttle service providing necessary transportation to and from the Hotel is necessary. To this end, the Town shall provide funding assistance to the Hotel in the amount of $56,000.00 (the “Airport Shuttle Funding ”). As a condition to the Airport Shuttle Funding, the Hotel shall, on a quarterly basis, provide to the Town a written report showing: the number of shuttle passengers, total number of shuttle miles driven, and total financial costs to operate the shuttle(s). H:\Boyle-Lowry\West Lake\wl-agreements\wl agr- REDL Hotel Support Program.doc 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. - None Town of Westlake Item #4 - Future Workshop Agenda Items Town of Westlake Item # 5 – Workshop Adjournment Back up material has not been provided for this item. Town of Westlake Item # 2 – Citizen’s Presentations This is an opportunity for citizens to address the Board on any matter whether or not it is posted on the agenda. The Board cannot by law take action nor have any discussion or deliberations on any presentation made to the Board at this time concerning an item not listed on the agenda. The Board will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. 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 Workshop and Regular meeting held on September 21, 2009. b. Consider a Resolution designating a public newspaper of general circulation as the official newspaper for the Town of Westlake. Town of Westlake Item # 3 - Consent Agenda Items Page 1 of 5 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL WORKSHOP & REGULAR MEETING September 21, 2009 PRESENT: Mayor Laura Wheat and Council Members Tim Brittan, Larry Corson, Carol Langdon, Rick Rennhack, and Rebecca Rollins. ABSENT: None OTHERS PRESENT: Town Manager Thomas Brymer, Town Attorney Stan Lowry, Town Secretary Kelly Edwards, Finance Director Debbie Piper, Public Works Superintendent Jarrod Greenwood, Facilities and Recreation Director Troy Meyer, Director of Human Resources and Administrative Services Todd Wood, Court Administrator Amanda DeGan, Assistant to the Town Manager Ginger Awtry, Lt. Richard Whitten, and Planning and Development Director Eddie Edwards. 1. CALL TO ORDER Mayor Wheat called the workshop meeting to order at 4:34 p.m. 2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM SEPTEMBER 21, 2009, COUNCIL REGULAR MEETING AGENDA. Mayor Wheat introduced the item and opened the floor for questions related to the consent agenda items from the September 21, 2009, regular meeting. Council Member Corson and Rennhack asked Facilities and Recreation Director Meyer for clarification on items regarding the agreement with Garden Design. 3. DISCUSSION OF THE TOWN STRATEGIC PLAN RELATED TO FINANCIAL SUSTAINABILITY AND THE PROPOSED BUDGET FOR FISCAL YEAR OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010. Page 2 of 5 Town Manager Brymer provided a presentation “Critical Challenges, Critical Choices” on managing a budget during turbulent times and options to achieve Fiscal Health & Wellness. Discussion ensued regarding how the Town receives income, the past history of the sales tax amounts collected and how they were projected, if there were any modifications made year to year base on the amount of sales tax collected, and options and current structure of the Town. Council Member Rennhack asked to see the history of the Towns expenditures from 2000 through the current year on the Sales Tax Analysis graph and how and why they have grown. Council Member Corson stated we should communicate the need of a property tax is going towards a vision not just an Academy. We will need to demonstrate the Academy and the town are both being run efficiently. That the Town is run in a highbred model that is a model for other small towns, in terms of out sourcing services therefore property tax at this point is a financial stewardship so we can get the vision of the town the majority of residents want to maintain. Town Manager Brymer stated his understanding is to use the framework as shown or some similar framework and work on a time table that could be use to provide an understanding that implementing an property tax is necessary and how to communicate it to the citizens. Mayor Wheat stated the communication should be on the forefront to communicate the process and the Council’s thinking. She also stated the communication process should be proactive instead of reactive. Mayor Wheat recessed the workshop at 6:12 p.m. to begin the Board of Trustees Workshop. Mayor Wheat reconvened the workshop at 8:27 p.m. with all Council Members present. 4. PRESENTATION AND DISCUSSION REGARDING WESTLAKE’S TRAIL SYSTEM. Facilities and Recreation Director Meyer provided a presentation and overview of the Master Trail plan showing the proposed trails. Council would like to adopt the Master Trail plan presented at the next meeting. 5. FUTURE AGENDA ITEMS No items were presented for consideration. Page 3 of 5 6. ADJOURNMENT There being no further business, Mayor Wheat adjourned the workshop at 9:13 p.m. Regular Session 1. CALL TO ORDER Mayor Wheat called the regular meeting to order at 8:06 p.m. with all Council Members present. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the pledge of allegiance to the United States and Texas flags. 3. CITIZEN PRESENTATIONS Bryan Biddle asked to be provided a copy of the plan for the new waterline installation in Stage Coach Hills. 4. CONSENT AGENDA Mayor Wheat introduced the consent agenda and asked for a motion. a. Review and approve minutes of the Town Council Workshop and Regular meeting held on August 31, 2009. b. Resolution No. 09-47 - Consideration of a Resolution authorizing a one year maintenance agreement with Garden Design to provide Landscaping maintenance for the Sam & Margaret Lee Arts and Sciences Center. c. Ordinance No. 631 Consideration of an Ordinance amending Chapter 42, Article II Floodplain, Sections 42-31 through 42-41; amending the Floodplain Ordinance to adopt the revised Flood Insurance Rate Maps and Flood Insurance Study. d. Resolution No. 09-46 - Consideration of a plat amendment to the Cowgirl Ranch Estates plat. Being the five (5) residential lots located on the south side of Dove road just east of Randol Mill Road. MOTION: Council Member Langdon made a motion to approve the consent agenda as amended during the workshop. Council Member Rollins seconded the motion. The motion carried by a vote of 5-0. Page 4 of 5 5. PRESENT PROCLAMATION IN RECOGNITION OF ARBOR DAY. Mayor Wheat read the proclamation declaring Arbor Day on September 26, 2009. Facilities and Recreation Director Troy Meyer gave about the event. Thanked residents Cinda Knight, Amy Robichaux and volunteer Stephanie Erb for all their assistance and coordination of the event. Events this year include releasing 200 butterflies, the new Guitar Hero, hot air balloon rides, and offering beer and wine. There will be 60 bottles of Westlake custom blended wine for $15 a bottle. 6. CONSIDERATION OF A RESOLUTION ADOPTING THE REVISED BUDGET FOR THE TOWN OF WESTLAKE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2009, AND ADOPTING THE PROPOSED BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2010. Mayor Wheat opened the floor for comments questions regarding the Town Manager approving expenditures up to $25,000. Council Member Corson asked if the $25,000 applied to approved budget funds. Town Manager Brymer responded, yes. Town Manager Brymer provided a presentation overview of the proposed budget. Council Member Corson asked Public Works Superintendent Greenwood about recognizing the TRA cost increase. Jarrod explained the rate becomes effective December 1st . He recommended not to increase fees until January after the increase has been in place for one month. MOTION: Council Member Corson made a motion to adopt Resolution No. 09-45 adopting the revised budget for the Town of Westlake for the Fiscal Year ending September 30, 2009, and adopting the proposed budget for the Fiscal Year ending September 30, 2010. Council Member Brittan seconded the motion. The motion carried by a vote of 5-0. 7. FUTURE AGENDA ITEMS Council Member Brittan asked that a Brainstorming/Workshop meeting be scheduled to discuss revenue sources and options for the FY 2010-2011 budget. Page 5 of 5 8. COUNCIL CALENDAR - Town of Westlake Arbor Day Celebration o September 26, 2009, 4 p.m., Glenwyck Farms Park - Town Council Workshop and Regular meeting o October 5, 2009 - Texas Municipal League Annual Conference (Fort Worth) o October 20-23, 2009 - Town Council Workshop and Regular meeting o October 26, 2009 - Town Council Workshop and Regular meeting o November 9, 2009 - Vaquero Baja (fundraiser for the Academy) o November 16, 2009, 3:30 p.m. - Westlake Tree Lighting - TBD o December 3, 2009 - Town Council Workshop and Regular meeting o December 14, 2009 9. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Rollins made a motion to adjourn the meeting. Council Member Rennhack seconded the motion. The motion carried by a vote of 5-0. Mayor Wheat adjourned the meeting at 8:26 p.m. APPROVED BY THE TOWN COUNCIL OCTOBER 26, 2009. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Kelly Edwards, Town Secretary Subject: Regular Meeting October 5, 2009 Date: September 23, 2009 Consider a Resolution designating a public newspaper of general circulation as the official newspaper for the Town of Westlake. ITEM This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS  We are Leaders o High quality services delivery coupled with financial stewardships  Hospitality Finds its Home in Westlake o Citizen engagement and communication In accordance with Section 52.004(a) of the Texas Local Government Code, the governing body of a municipality shall designate, by ordinance or resolution, a public newspaper of the municipality to be the municipality’s official newspaper until another newspaper is selected. Since 2002, the Town of Westlake has designated Alliance Regional Newspapers as the official newspaper of the Town for the purpose of publishing ordinance, notices, or other matter required by law or ordinance to be published. BACKGROUND The Alliance Regional Newspapers meets the requirements of the definition of an Official Newspaper as outlined in Section 2051.044 of the Government Code (excerpt below): § 2051.044. TYPE OF NEWSPAPER REQUIRED. (a) The newspaper in which a notice is published must: (1) devote not less than 25 percent of its total column lineage to general interest items; (2) be published at least once each week; (3) be entered as second-class postal matter in the county where published; and (4) have been published regularly and continuously for at least 12 months before the governmental entity or representative publishes notice. (b) A weekly newspaper has been published regularly and continuously under Subsection (a) if the newspaper omits not more than two issues in the 12-month period. (c) This section does not apply to the publication of a notice to which Section 2051.0441 applies. No impact FUNDING Approve the Resolution designating Alliance Regional Newspapers as the Town of Westlake’s paper of record. RECOMMENDATION Resolution No. 09-48 ATTACHMENTS: TOWN OF WESTLAKE RESOLUTION NO. 09-48 DESIGNATING A PUBLIC NEWSPAPER OF GENERAL CIRCULATION AS THE OFFICIAL NEWSPAPER FOR THE TOWN OF WESTLAKE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 52.004, Local Government Code, requires the Town Council of the Town of Westlake, Texas ("Council") to determine, by ordinance or resolution, a public newspaper to be the official newspaper for the Town of Westlake, Texas ("Town"); and WHEREAS, Section 52.004(a) of the Texas Local Government Code provides that the governing body of a municipality shall designate an Official Newspaper for the Town at the beginning of each fiscal year; and WHEREAS, the Council finds that the Alliance Regional News satisfies the requirements of chapter 2051 of the Texas Government Code. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE: SECTION 1: That the Town Council of the Town of Westlake, Texas, hereby determines and establishes the Alliance Regional News as the official newspaper for Westlake for the Fiscal Year 2009-20010. SECTION 2: That the Town Secretary is hereby directed to publish all 2009-2010 notices and advertisements in the Alliance Regional News in accordance with the Laws of the State of Texas. SECTION 3: That this Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 5th DAY OF OCTOBER 2009. ____________________________________ ATTEST: Laura Wheat, Mayor ____________________________________ ____________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: _________________________________ L. Stanton Lowry, Town Attorney Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Troy J. Meyer Director of Facilities and Recreation Subject: Meeting of October 5, 2009 Date: September 25, 2009 Consider an Ordinance amending the Conceptual Open Space Plan map to adopt the revised trail system map. ITEM This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS  We are Leaders o On-going Comprehensive Planning o Outstanding Community Appearance o Open Space Preservation The park, trail and recreation program received an I-S rating of three (3) after Westlake Academy and public safety. The Town’s current conceptual open space was adopted by the Town Council in March 1999. Amending the open space plan will ensure that the town will meet the needs of roadway improvements and new commercial and residential development. Town staff will work with residential and commercial partners to create a long term conceptual open space plan. BACKGROUND Input from residents, commercial partners and surrounding communities is key to the success of our long term plan. The 2009-2010 Budget includes $25,000 to update the following areas: • Trails & open spaces • Roadway plan • Facilities needs plan Funding for this the RFP is included in the Proposed 2009-2010 Budget. FUNDING Staff recommends approval. RECOMMENDATION Ordinance 632 ATTACHMENTS: Conceptual Open Space map Ordinance 632 Page 1 of 2 TOWN OF WESTLAKE ORDINANCE NO. 632 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE WESTLAKE CODE OF ORDINANCES CHAPTER 62, ARTICLE 1, SECTION 62-3. AS APPROVED BY ORDINANCE NO. 320, THE CONCEPTUAL OPEN SPACE PLAN MAP TO ADOPT THE REVISED TRAIL SYSTEM MAP, FIGURE 5; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas (“Town”) Open Space Plan was adopted by Ordinance 320, March 8, 1999; WHEREAS, the Town Council desires to amend the Conceptual Open Space Map; and, WHEREAS, the Town Council finds that amending the Conceptual Open Space Map is needed to address and plan for the needs and demands of new commercial and residential development and roadway improvement of Town; WHEREAS, the Town Council desires to amend the Conceptual Open Space Plan, as shown on attached Exhibit A. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL 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 Chapter Chapter 62, Article 1, Section 62-3., The Conceptual Open Space Plan of the Town of Westlake Code of Ordinances, as amended, is hereby amended by creating a new Attachment “A” which is attached hereto and incorporated herein. SECTION 3 : That all provisions of Comprehensive Plan are not hereby amended shall remain in full force and effect. 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 Code of Ordinances 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. Each day that a violation is permitted to exist shall constitute a separate offense. Ordinance 632 Page 2 of 2 SECTION 5: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 5TH DAY OF OCTOBER 2009. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Open Space Plan Adopted October 5, 2009 Open Space Plan Legend Current Private Trail Stagecoach Hills Vaquero WA 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. - None Town of Westlake Item #5 - Future Agenda Items COUNCIL CALENDAR - Texas Municipal League Annual Conference (Fort Worth) o October 20-23, 2009 - Municipal excellence in the Management Innovations category for our Westlake Windows program o Oct. 21st - Town Council Workshop and Regular meeting (3:00-4:45pm at TML) o October 26, 2009 - Westlake Baja at Vaquero o November 16, 2009, 3:30 p.m. - Westlake Tree Lighting o December 3, 2009, TBD - Town Council Workshop and Regular meeting o November 9, 2009 - Vaquero Baja (fundraiser for the Academy) o November 16, 2009, 3:30 p.m. - Westlake Tree Lighting - TBD o December 3, 2009 - Town Council Workshop and Regular meeting o December 14, 2009 - Town of Westlake Item # 6 – Council Calendar EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Sec. 551.072- Deliberation Regarding Real Property to Deliberate the sale, exchange, or value of real property- FM 1938 ROW. b. Section 551.071(2) – Consultation with City Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Landscape and streetscape funding requirements along F.M. 1938. Town of Westlake Item # 7 – Executive Session Town of Westlake Item # 8 – Reconvene Meeting EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Sec. 551.071(2)- Consult with the Town Attorney regarding a Roadway Funding Agreement with Roland Arthur. b. Sec. 551.072- Property- Deliberate the sale, exchange, or value of real property- FM 1938 ROW Town of Westlake Item # 9 – Take any Necessary Action, if necessary Town of Westlake Item # 10 – Adjournment Back up material has not been provided for this item.