HomeMy WebLinkAbout10-26-09 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.
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Mission Statement
TOWN OF WESTLAKE, TEXAS
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 26, 2009
WESTLAKE TOWN HALL
3 VILLAGE CIRCLE, 2ND FLOOR
COUNCIL CHAMBERS / MUNICIPAL COURT ROOM
Workshop Session 4:30 p.m.
Regular Session 7:00 p.m.
Workshop Session
1. CALL TO ORDER
2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM OCTOBER 26,
2009, COUNCIL REGULAR MEETING AGENDA.
3. PRESENTATION AND BUDGET UPDATE REGARDING THE CONSTRUCTION OF
THE ARTS AND SCIENCES CENTER.
Page 2 of 4
4. PRESENTATION AND DISCUSSION OF A PROPOSED PROCESS TO BEGIN TO
ADDRESS THE STRATEGIC PLAN’S OUTCOME STRATEGY FOR ACHIEVING
FINANCIAL SUSTAINABILITY FOR THE TOWN OF WESTLAKE AND WESTLAKE
ACADEMY.
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 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. ADJOURNMENT
Regular Session
1.
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.
CALL TO ORDER
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 October 5, 2009.
b. Consider a Resolution appointing one member to the Public Arts Society.
c. Consider a Resolution authorizing the Town Manager to enter into a contract with
RJN Group, Inc. for an engineering analysis, testing and inspection of sanitary
sewer line at a cost of approximately $60,000.
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d. Consider a Resolution to enter into an Interlocal Agreement with Tarrant County to
participate in the County Records Destruction and Recycling Program.
4. PRESENT PROCLAMATION IN RECOGNITION OF CHAMBER OF COMMERCE
WEEK.
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
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
- Westlake Baja at Vaquero
o November 16, 2009, 3:30 p.m.
- 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. 551.074(a)(1) PERSONNEL MATTERS - to deliberate the appointment,
employment, evaluation, reassignment, duties, of a public officer or employee:
Town Manager
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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 22, 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.
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 October 5, 2009.
b. Consider a Resolution appointing one member to the Public Arts Society.
c. Consider a Resolution authorizing the Town Manager to enter into a
contract with RJN Group, Inc. for an engineering analysis, testing and
inspection of sanitary sewer line at a cost of approximately $60,000.
d. Consider a Resolution to enter into an Interlocal Agreement with Tarrant
County to participate in the County Records Destruction and Recycling
Program.
Town of Westlake
Item # 2 –
Review of Consent
Agenda Items
1
Town of Westlake
To: Honorable Mayor and Members of the Town Council
From: Troy J. Meyer, Director of Facilities and Recreation
Subject: Workshop of October 26, 2009
Date: October 16, 2009
Presentation and discussion of a budget update on construction of the Sam and Margaret
Lee Arts and Sciences Center capital project.
ITEM
This item supports the following Vision Point and Key Result Areas:
VISION POINT AND KEY RESULT AREAS
We are Leaders
o Premier educational facilities and programs
o Producing well educated future leaders and thinkers
o Business partnerships with Westlake Academy
The Sam and Margaret Lee Arts and Sciences Center, as constructed, is approximately
8,400 square feet of gross building area. This building includes an art classroom, kiln,
two (2) science laboratories, faculty offices, conference room, restrooms and various
storage and support spaces.
BACKGROUND
Gideon Toal provided architectural services for Schematic Design, Design Development,
Construction Documents, and Construction Administration within our scope. The Scope
of Design Services covered by their proposal included: Architectural Design, Structural
Engineering, Mechanical/Electrical Engineering, Acoustical Consulting, Lighting Design,
Furniture, Fixture and Equipment selections and Landscape Architecture.
In February 2008 the Council authorized staff to solicit requests for qualifications
(RFQS) for Contractor at Risk services for the Arts and Sciences Center. Eight (8) RFQ's
were submitted to the Town on March 20, 2008. After review by Town staff and the
project’s Building Committee, three (3) Construction Management at Risk contractors
were selected to make presentations to the Council on April 14, 2008. The firm of Steele
& Freeman, Inc. (S&F) was selected by the Council as the preferred contractor. On April
23, 2008, staff met with Steel & Freeman to negotiate these services. The ground
breaking ceremony was held on June 5,
2008 and the gas, water and sewer relocation was
completed by July 1, 2008.
S & F presented cost estimates for hard and soft costs to complete the Center in three
phases beginning in June 2008. Phase I included three science labs, lobby and slab for
2
the black box and art room for $4.7M. Phase II included three science labs, lobby and the
shell for the black box and art room for $5.6M. Phase III included 100% completion of
the center for $6.4M.
On September 15, 2008, based on funding constraints and the staff’s recommendation
that science lab and art room space were the most pressing campus space needs, the
Council selected the Phase I option with two (2) science labs and an art room, but no
Phase II slab. The total cost of $5,189,389 is composed of the construction cost of
$4,155,221 and the Town’s soft cost of $1,034,168. The Council approved the S & F
notice to proceed on September 15th
, 2008 to ensure current bid prices on the major
items would be locked-in. Mobilization of sub-contractors proceeded on September 22,
2008.
The project includes 67 change orders (staff was given change order approval authority
by the Council in the approved resolution) with the major change orders discussed with
the Building Committee. These change orders included the three (3) add alternates for
(a) stain & polish floors, (b) two wooden beams, (c) wall covering, and data/ power
drops, lighting controls, sidewalks, pier casing, TVSS system and sod as well as deletion
of the phase two slab, solid wood doors, signage, vapor barrier, landscape maintenance
contract
.
The estimated balance for the Owner Betterment is $35,045 and Contractor estimated
Contingency Balance is $355,000. This amount does not include two (2) additional
retaining walls and the FRP at the eyewash stations that will need to be resolved by
October 30, 2009
.
Steele & Freeman estimates approximately a $175,000 to $205,000 credit will be due
back to the project. The Council will need to consider the following recommended
options for the application of these funds.
See the updated capital project report attached.
FUNDING
Based on preliminary information discussed above regarding contract balances, staff has
identified three (3) possible options should the estimated savings occur in this project
RECOMMENDATION
after deducting change orders that staff feels still need to be completed
1. Apply the estimated approximate $200,000 of unexpended project funds (after
deducting the additional change orders mentioned above) to reduce the Town’s
FY 09-10 debt service payment of $1,499.750.
(note: this is
primarily comprised on two additional retaining walls staff believes is necessary that
were not part of the original project). These possible options are:
2. Apply a portion of this approximate $200,000 of unexpended project funds to
reduce the amount of pledges the Westlake Academy Foundation still must raise
($64,000 estimated) and apply the remaining estimated $136,000 towards
reduction of the Town’s debt service payment for FY 09-10.
3
3. Utilize the entire estimated $200,000 for additional project enhancements (staff
will review the projects that have been identified to date at the Council meeting).
Current capital project sources/uses report for the Sam and Margaret Lee Arts & Sciences
Center.
ATTACHMENTS:
Project Description:
CAPITAL PROJECT FUNDING
Actual Thru Project Project
09/31/2009 Total Total
Revenues
G.O. Bond 2,500,000$ 2,500,000$ -$ -$ -$ 2,500,000$
Lee Gift 500,000 500,000 - - - 500,000
Texas Student Housing 500,000 500,000 - - - 500,000
Interest 64,666 64,666 64,666
Miscellaneous 460 460 460
Classroom Operating Supplies
Westlake Academy 08-09 budget $31K - -
Westlake Academy Funds FF & E 50,000 - - - 50,000
FF & E Funded by Westlake Academy 200,000 150,000 - - - 150,000
Utility Relocation - - - - - -
Utility relocation by utility fund 6,250 9,916 - - - 9,916
Westlake Academy Foundation - - - - -
Utility relocation by Foundation 201,084 - -
Cash receipts at 8.22.09 - 1,118,244 - - - 1,118,244
Two Payments 847,559 -
Pledges $285,669 at 8.22.09 - 285,669 - - - 285,669
Unfunded amount 10,434 10,434
PROJECT FUNDING TOTAL 4,820,019$ 5,189,389$ -$ -$ -$ 5,189,389$
CAPITAL PROJECT EXPENDITURES
Actual Thru Project Budget
09/30/09 Budget Total
Construction CM 3,590,712$ 4,115,000$ -$ -$ -$ 4,115,000$
Design 371,382 360,000 - - - 360,000
Engineering/Legal/ Bond fees/Low voltage 193,829 303,389 303,389
FF & E Furniture 119,117 160,000 160,000
FF & E Classroom Supplies 38,617 40,000 - - - 40,000
Utility relocation 207,334 211,000 - - - 211,000
PROJECT EXPENDITURE TOTAL 4,520,991$ 5,189,389$ -$ -$ -$ 5,189,389$
YTD Project Cost & Credits
Projected Project Budget
09/30/09 Budget Option 1 Option 2 Option 3 Total
Contract CM @ Risk 3,590,712$ 4,155,221$ -$ -$ -$ 4,155,221$
Soft Cost 930,279 1,034,168 - - - 1,034,168
Total 4,520,991$ 5,189,389$ -$ -$ -$ 5,189,389$
Current Balance of Soft Cost 103,889$
Payment of outstanding invoices (103,889)
Balance of Soft Cost -$
Contract CM @ Risk
Contract CM Outstanding Invoices 174,464$
Owner Betterment 35,045 209,000 209,000
Construction Contingency 355,000 82,000 82,000
Balance of CM @ Risk Contact 564,509
Payment of outstanding invoices (174,464)
Retaining wall, FRP, Conference room wall (40,000)
Estimated billing reductions (150,000)
Total cost saving 200,045$
Savings Options 200,045 200,045 200,045
Pledge to be collected 10,434 - -
Payment to debt service 189,611 200,045 -
Enhancement to the project - - 200,045
TOTAL - - -
Project Update Report
Unexpended Funds Option
Change Order
Project include two science labs, lobby, art room which is approximately 8,400 square feet. Cost to construction is $4.1M and soft cost is $1M; total
cost of the project is $5.1M.
Sam & Margaret Lee Arts and Sciences Center
1
Memo
Westlake Academy
To: Honorable Mayor and Members of the Town Council
From: Tom Brymer, Town Manager/CEO Westlake Academy
Subject: Financial Sustainability of the Town
Date: October 22, 2009
Presentation and discussion of a proposed process to begin to address the Strategic Plan’s
Outcome Strategy for achieving financial sustainability for the Town of Westlake and
Westlake Academy.
ITEM
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
Vision Point Two – We Are Leaders
High Quality Services Delivery Coupled With Financial Stewardship
Establish a strategy for achieving long-term financial sustainability for the Town
Government, including Westlake Academy.
o On-going comprehensive planning
o Long-range financial forecast
o Academy cost structure components
o Financial issues and their timing
o Service prioritization and resource allocation
As shown in the five (5) year financial forecasts presented to Council, as well as discussed in the
budget process for the 2009/10 budget, the Town’s financial position will not be sustainable in
the near to medium term. As part of the Town’s Strategic Plan to become financially sustainable,
staff has begun outlining a proposed process to identify all the programs/services offered by the
Town and their associated cost of delivery. Once this inventory is completed, an education
involvement process will be necessary for all stakeholders including, the Council, staff, residents,
and land/business owners. These programs of service would then be prioritized so that resource
allocations can be assigned accordingly. This inventory should also include reviewing all
existing and potential sources of revenue, as well as, potential cuts in service to bring
expenditures back in line with revenues.
BACKGROUND (including policy options and implications):
In the outlined proposed process, the first step would be for the Council will be involved with 1.)
determining the Desired Community Conditions. These describe what/where Westlake wants
to be in the future, in essence, “what do we want to be when we grow up”. In addition, it is
recommended that a part of this proposed process include a Council “brainstorming session” with
the Council to 2.) create a list of Guiding Principles for the Town and Westlake Academy.
Guiding Principles will be used as the parameters for achieving the Desired Community
2
Conditions
. The Guiding Principles should then be prioritized by Council to provide clear
direction to staff so that proper prioritization can be determined for the programs/services offered
by the Town. A sample list of guiding principles is attached to assist the Council by serving as a
point of departure for discussion as to what those guiding principles can look like.
Under this proposed process, the Town and Academy will have slightly differing processes.
While the Town staff has begun to prepare a program inventory, Westlake Academy staff will
undertake a “tabula rasa” exercise for the Academy budget as well as continue to work on
drafting a strategic plan for the Academy. This tabula rasa exercise is designed to create
additional information for the completion of the Academy Strategic Plan as well as help create a
program inventory for the Academies upcoming budget cycle.
FUNDING
: While there are no known funding impacts at this time, actions related to
the outcomes of this process will have financial impacts.
RECOMMENDATION
1. Recommend the Council review and discuss the attached process flowchart with the
staff at this workshop
:
2. Review the desired community conditions information
3. Brainstorm and prioritize a list of guiding principles to guide staff’s work on program
prioritization using the sample guiding principles attached as a point of departure for
Council discussion.
ATTACHMENTS
1.) Pages 14-15 of the adopted Town Strategic Plan
:
2.) Flowchart of the proposed process for pursuing the Strategic Plan Outcome Strategy
Regarding Financial Sustainability contained in the adopted Town Strategic Plan.
3.) Select slides from the ICMA presentation on achieving fiscal health and wellness
presented to Council at the September 21, 2009 workshop
4.) Desired community conditions tied to key result areas in the Strategic Plan
5.) Sample guiding principals
Page 14 Town of Westlake
C. Water Conservation Efforts
Objective 1.7: Develop water conservation messages for landscaping and the use of
xeriscaping in neighborhoods and common areas. Develop plant listing
for landscape ordinance. Integrate input from resident master
gardeners to enhance conservation and landscaping recommendations.
Estimated Completion Date: Spring, 2010
Objective 1.8: Assist Academy with water conservation, protection, and production
education by speaking to students and arranging field trips to water and
wastewater treatment facilities.
Estimated Completion Date: On-going
Objective 1.9: Provide water conservation information to customers through the
website, mailings, news letters, and Academy publications.
Estimated Completion Date: On-going
Environmental Stewardship Initiatives (cont.)
HIGH QUALITY SERVICES DELIVERY COUPLED WITH FINANCIAL STEWARDSHIP
Research available revenue resources to offset the cost of providing services; continue to provide
outstanding government administrative support services while working within the municipal budget.
Outcome Measure: Implementation of at least one new demand driven revenue source per year, over
the next five years.
Outcome Strategies:
1. Establish a strategy for achieving long-term financial sustainability for the Town
government, including Westlake Academy — Mid-Range Goal.
Team Leader: Tom Brymer
Objective 1.1: Review 2009 Direction Finders results with Council.
Estimated Completion Date: Summer, 2009
Objective 1.2: Review 2009 Westlake Academy Parent Survey with Council.
Estimated Completion Date: Summer, 2009
Objective 1.3: Review Town Capital Improvement Plan, municipal 5-year financial
forecast, and Academy financial forecast during proposed 09/10 budget
deliberations.
Estimated Completion Date: Summer, 2009
Objective 1.4: Research and compile report regarding municipally owned and operated
charter schools and their organizational structure.
Estimated Completion Date: Fall, 2009
Objective 1.5: Council to review long-range financial forecast, Academy cost structure
components, staff to identify options and strategies to address financial
issues and their timing.
Estimated Completion Date: Spring, 2010
Westlake DPS Engine
Page 15 2009
High Quality Services Delivery Coupled with Financial Stewardship (cont.)
Objective 1.6: Council to prioritize service options and provide staff direction on future
budgeting and resource allocation.
Estimated Completion Date: Spring, 2010
2. Review and discuss growth related policies — Short-Range Goals.
Team Co-Leaders: Tom Brymer / Todd Wood / Debbie Piper
A. Council discussion of ”Growth pays for growth” approach to financial stewardship and
policy making.
B. Impact Fees
Objective 2.4: Discuss and receive Council direction on impact fee feasibility study.
Estimated Completion Date: Spring, 2010
Objective 2.5: Prepare proposal of utility impact fee analysis and feasibility report.
Estimated Completion Date: Fall, 2010
Objective 2.6: Review impact fee recommendations and consider fee adoption.
Estimated Completion Date: Summer, 2011
C. Park Land Dedication and Development Fee
Objective 2.7: Discuss and receive Council direction on park land dedication and development fee implementation.
Estimated Completion Date: Spring, 2010
Objective 2.8: Prepare proposal of park land dedication and development fee analysis and feasibility report.
Estimated Completion Date: Fall, 2010
3. Explore public safety service delivery options and funding — Short-Range Goal.
Team Co-Leaders: Tom Brymer / DPS Lieutenants
Objective 3.1: Research available options to deliver and fund public safety programs.
Estimated Completion Date: Spring, 2010
Objective 3.2: Present options and recommendations to Council.
Estimated Completion Date: Summer, 2010
Westlake DPS Ambulance
Objective 2.1: Identify sources of Town expenditures related to service delivery which are not currently offset by fee
collection. Analyze identified expenditures, from the standpoint of current impact and future expansion to
ensure quality service delivery.
Estimated Completion Date: Fall, 2010
Objective 2.2: Identify actual or potential costs incurred by the Town.
Estimated Completion Date: Fall, 2010
Objective 2.3: Survey other communities to benchmark costs for newly proposed fees and amendments of existing fees.
Estimated Completion Date: Fall, 2010
TOWN STAFF TASK TC/BOT TASK FINANCE DEPT TASK
Process for Pursuing Council’s Strategic Plan Outcome Strategy Regarding:
Financial Sustainability
October
2009
November
2009
December
2009
January
2010
February
2010
March
2010
Community Engagement/Education
3. Complete Departmental
Program Prioritization
Scorecards
1.c. TC/BOT Workshop to clearly
outline the Community Desired
Conditions (Governance Issues)
1.f. Identify all revenue sources & create Revenue Manual
4. Peer Review of
Department Program
Inventories and Department
Prioritization Scorecards2. Identity Program & Activity Costs
2.a. Evaluate Program & Activity Costs
6. Recommend
Resource Allocation for
Programs from all Funds
(Funding Scenarios)
1.b. Prepare Town Program Activities List
1.a. Prepare Town Department Program Inventories
1.d. Prepare Guiding Principles
(Focus Areas) for Town & WA
1.e. Council Ranks Guiding Principles
5. Create Ranked Order of
Programs (Based upon
Community Desired Conditions
and Department Scorecards)
To
w
n
Ac
a
d
e
m
y
4. Identity Program & Activity Costs
3.b. Prepare WA Program Activities List
3.a. Prepare WA Department Program Inventories
1. Develop Strategic Plan for Westlake Academy.
Co
m
b
i
n
e
d
ACADEMY STAFF TASK
6.a. Implement into the
budgeting process
2. Initiate a Tabula Rasa (Blank Slate) exercise for the WA budget.
1. Begin the staff/council conversation regarding process for
pursuing a strategy for achieving long-term financial sustainability
for the Town government.
Approaches To Fiscal Health
2
Approach to Fiscal Health #1:
Spend Within Your Means
•Symptoms of Good Fiscal Health
–Start with Revenues
–One-time and Ongoing Alignment
–Differentiate Program Revenues from General Government Revenues
–Budget Allocations Responsive to Changes in Program Revenues
•Spend Within Your Means in order to:
–Base budgets on reliable sources of funding
–Perform analysis to ensure reserves aren’t used for ongoing expenses
–Prevent reliance on volatile revenues (that might not come in)
–Promote revenue diversification
–Engage departments in enhancing revenue sources
–Provide for flexibility and promote collaboration when responding to program revenue shortfalls
3
Approach to Fiscal Health #2:
Establish and Maintain Reserves
•Symptoms of Good Fiscal Health
–Establish Working Capital Reserve Policy
–Indentify, Document and Understand All Reserves
–Review Adequacy of Fund Balance Levels –too Little or too Much
•Establish and Maintain Reserves in order to:
–Provide a back-up plan for emergencies, revenue shortfalls, or other
unforeseen changes
–Set aside funding for long-range plans
–Hold only the appropriate amount of reserves establishes credibility
with internal and external stakeholders
4
Approach to Fiscal Health #3:
Understand Variances
•Symptoms of Good Fiscal Health
–Identify ongoing resources devoted to one-time or cyclical (“seemingly ongoing”) expenditures
–Eliminate unnecessary contingencies maintained in department budgets
–Analyze and understand revenue variances
–Don’t overlook thorough analysis of budget-to-actual variances
–Promote multi-year budgeting for capital projects
–Refine salary and benefit projections, to align with actual costs incurred
–Effectively monitor revenue billing and collection
•Understand Variances in order to:
–Promote collaborative engagement of organization in understanding variances
–Allow for more effective budget monitoring and management
–Provide source of “hidden treasure” when looking for budget reductions
–Help identify the “fluff”
–Uncover “shadow” / “decentralized” support functions hidden in department budgets
5
Approach to Fiscal Health #4:
Transparent About “True Cost of Doing Business”
•Symptoms of Good Fiscal Health
–Align supply/cost of internal services with customer demand
–Appropriately allocate overhead and administrative costs to funds or departments who benefit
–Identify total cost (direct and indirect) for all programs
–Establish fees that recapture appropriate level of total costs of service delivery
•Be Transparent About the True Cost of Doing Business in order to:
–Engage departments in assessing demands for internal services
–Promote enhancement of program revenues
–Provide collaborative discussion of the total cost to provide services
–Diversify burden from General Fund by appropriately sharing costs among other dedicated revenue streams
–Establish cost parameters for assessing “centralization” vs. “decentralization”
Key Results
Area
Key Results Mission
Statements
Desired Community Conditions/Vision Points
1. Public Safety
Citizens are safe, feel safe and
secure, and have trust and shared
responsibility for maintaining a safe
environment.
1. Residents are safe.
2. Residents feel safe.
3. Travel on Town streets is safe.
4. Residents, businesses and public safety agencies work
together for a safe community.
5. The community is prepared to respond to emergencies,
natural disasters, catastrophic acts and other events that
threaten the health and safety of the public.
2. Westlake
Academy
The Westlake Academy will provide
a rigorous curriculum that is
international in scope with high
expectations by sharing the
responsibility of educational
development among teachers,
parents, community, and students.
This will be achieved by providing an
innovative approach to education
that focuses on the needs of each
student to develop a thirst for
knowledge, produce positive
esteem, encourage good citizenship
and maximize individual potential.
This will prepare students to be
active participants and agents of
change in a rapidly changing
environment that is global in scope.
6. Premier educational facilities and programs.
7. Producing well educated future leaders and thinkers.
8. Business partnerships with town & Westlake Academy.
3. Citizen
Engagement
People of all ages have the
opportunity to participate in the
community and economy and are
well sheltered, safe, healthy, and
educated.
9. Residents are active and healthy.
10. Families are secure and stable.
11. Residents are safe from public health risks.
12. Residents have a balance of means, opportunity, and avenues
of support needed to provide for their basic needs.
4. Public
Infrastructure
Maintenance &
Planning
Ensure that all existing
neighborhoods and corporate
campuses are adequately and
efficiently served with well planned,
coordinated, and maintained
infrastructure. Ensure that new
development is efficiently integrated
into existing infrastructures and that
the costs are balanced with the
revenues generated.
13. A reliable water system that meets health and safety quality
standards.
14. Wastewater systems meet quality standards.
15. Effective information technology infrastructure is accessible
throughout the community.
16. The street system is well designed and maintained.
17. New development is efficiently integrated into existing or
approved infrastructure and its costs are balanced with the
revenues generated and adopted Town development policies.
5. Sustainable
Community
Development
Guide growth to protect the
environment and the community
economic vitality and create a
variety of livable, sustainable
communities throughout Westlake.
18. On-going comprehensive planning.
19. Sensitivity to neighborhood integrity.
20. Outstanding community appearance.
21. Highest quality development and aesthetic standards
22. Parks, open space, recreation facilities and public trails are
available, accessible and strategically located, designed and
maintained.
23. Westlake's built environments are safe, habitable, well
maintained, and sustainable.
24. A balance of densities, land uses, and pedestrian friendly
environments is available throughout Westlake.
25. The downtown area is vital, active, safe and accessible.
6. Environmental
Stewardship
Protect and enhance
Westlake’s natural environments –
its rolling plains, native stands of
trees, wildlife, air, and water.
26. Air, water, and land are protected from conditions that are
harmful to people and the environment.
27. Water resources are sustainably managed, conserved and
protected to provide a long-term supply and drought reserve.
28. Solid wastes are produced no faster than natural systems and
technology can process them.
29. Open Space is preserved and protected.
30. Residents participate in caring for the environment and
conserving natural resources.
31. Residents are well informed about and appreciate ecological
diversity.
32. Energy consumption is balanced to protect the environment.
7. Economic Vitality
Achieve a vital, diverse, and
sustainable economy in which
businesses and residents have
opportunities for success.
33. The economy is diverse and broad-based.
34. The economy is vital, prosperous and consistent with local and
regional resources.
35. There are abundant, competitive, career oriented
employment opportunities.
36. Businesses develop and prosper.
37. Tourism development.
8. Community &
Cultural
Engagement
Residents are fully and effectively
engaged in the life and decisions of
the community to promote and
enhance our pride, cultural values,
and resources and ensure that
Westlake’s community institutions
are effective, accountable, and
responsive.
38. Residents actively participate in civic and public affairs.
39. Residents participate in community organizations, activities,
and events.
40. Residents have an accurate understanding of community
conditions.
41. Residents appreciate, foster and respect Westlake's arts and
cultures.
42. Historic preservation.
9. Governmental
Excellence &
Effectiveness
Government is ethical and
accountable; every element of
government contributes effectively
to meeting public needs.
43. Citizen communication.
44. Conservative fiscal management.
45. Growth pays for growth.
46. Leaders work together for the good of the community.
47. Leaders cooperate and coordinate with the other
governments in the NCTCOG region.
48. Government and its leaders are responsive to changing
community and customer conditions.
49. Government protects the civil and constitutional rights of
citizens.
50. Customers conveniently access Town services and officials.
51. Customers can participate in their government by accessing
information about services, policies, community conditions,
regulations, etc.
52. Financial assets are maximized and protected, and analyzed
and reported accurately, understandably, and usefully.
53. Products, services, and materials are obtained efficiently,
fairly, and in a timely manner.
54. Town services, operations, and finances are measured and
audited as needed and meet customer needs.
55. Competent, well-trained motivated employees contribute to
the achievement of Town goals and objectives.
56. The work environment for employees is healthy, safe and
productive.
57. Town staff is empowered with information and have
information processing capacity.
58. Rights of way are obtained and managed and their use
optimized for the public's benefit with fair compensation for
use.
59. Town real property is effectively obtained and managed in the
public's interest, and disposed of when public purpose has
changed.
60. Town fixed assets, property, and infrastructure meet Town
goals and objectives.
61. Departmental human and financial resources and fixed assets
are managed efficiently and effectively.
Sample Guiding Principles
Note: these are a sample of suggested Guiding Principles to serve as a point of departure for Council
discussion to formulate Guiding Principles for Westlake as we go through this process of attaining
financial sustainability. These can be revised in any way either by modification, deletion, or addition.
These are not listed in any order of priority, but whatever Guiding Principles the Council arrives at,
should be prioritized by Council.
Safety- the community is viewed as safe by our citizens.
Education- first rate public education facilities and programs are available to all residents and their
children.
Citizen Engagement- citizens have adequate means, both in person via technology, to engage their
municipal government, participate in it, and be properly informed about it.
Infrastructure Maintenance- existing municipal infrastructure (streets, roads, drainage ways,
sidewalks, trails, parks, water and sewer utilities, and public buildings) are properly invested in and
maintained for the long term.
Community Development- the community’s growth is properly planned for and implemented through
clear comprehensive planning and development standards that maintain the community’s appearance
and quality of life.
Financial Stewardship and Sustainability- the municipal government sets transparent standards and
high accountability for uses of its funding and has adequate financial resources to provide basic service
priorities as defined by the governing body.
Environmental Sustainability- the municipal government has standards and programs in place, as well
as enforces them, to ensure environmental quality for its citizens.
Arts and Culture- citizens have adequate local opportunities to be involved in, experience, and access
visual and performing arts and cultural amenities.
Service Excellence and Effectiveness- municipal services and programs are provided with high quality
customer service as well as high service quality within the resources provided.
Transportation- the municipality’s pedestrian and vehicular transportation system in the community
provides for adequate citizen mobility and connectivity.
Active Lifestyles- adequate facilities exist and are maintained to provide our citizens with a healthy
lifestyle through parks, trails, recreation programs, outdoor community events,and other fitness related
activities.
Economic Sustainability
- the municipal government, through clear economic development policies, is
pursuing land uses that provide for economic growth and a strong economic base for the community.
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
Workshop Agenda
Items
Town of Westlake
Item # 6 –
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 October 5, 2009.
b. Consider a Resolution appointing one member to the Public Arts Society.
c. Consider a Resolution authorizing the Town Manager to enter into a contract
with RJN Group, Inc. for an engineering analysis, testing and inspection of
sanitary sewer line at a cost of approximately $60,000.
d. Consider a Resolution to enter into an Interlocal Agreement with Tarrant County
to participate in the County Records Destruction and Recycling Program.
Town of Westlake
Item # 3 - Consent
Agenda Items
Town Council Minutes
October 5, 2009
Page 1 of 4
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL WORKSHOP & REGULAR MEETING
October 5, 2009
PRESENT: Mayor Laura Wheat and Council Members Larry Corson, Carol Langdon, Rick
Rennhack, and Rebecca Rollins.
ABSENT: Tim Brittan
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, Court Administrator Amanda
DeGan, Assistant to the Town Manager Ginger Awtry, and Lt.
Richard Whitten.
Workshop Session
1. CALL TO ORDER
Mayor Wheat called the workshop meeting to order at 8:01 p.m.
2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM OCTOBER 5,
2009, COUNCIL REGULAR MEETING AGENDA.
Mayor Wheat introduced the item and opened the floor for questions related to the
consent agenda items from the October 5, 2009, regular meeting.
Town Manager Brymer asked the Council to pull item 4 regarding the Open Space Plan
to adopt the revised Trail System map.
Council Member Corson asked if the Alliance Regional Newspaper was still a publish
newspaper.
Town Council Minutes
October 5, 2009
Page 2 of 4
3. DISCUSS THE MARRIOT AGREEMENT.
Nour Laasri, General Manager of the Marriott Solana, presented their request for an
Economic Development Agreement asking the Town to reinvest tourism and
transportation.
Town Manager Brymer explained the next steps would be to determine the amount of
funding and items to be funded, group booking and adding some additional language to
the agreement regarding marketing options.
4. FUTURE AGENDA ITEMS:
No items were presented for consideration.
5. ADJOURNMENT
There being no further business, Mayor Wheat adjourned the workshop at 9:26 p.m.
Regular Session
1.
Mayor Wheat called the regular meeting to order at 9:26 p.m. with all Council Members
present.
CALL TO ORDER
2. CITIZEN PRESENTATIONS
There was no one present wishing to address the Council.
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. Resolution No. 09-48 - Consider a Resolution designating a public newspaper of
general circulation as the official newspaper for the Town of Westlake.
Town Council Minutes
October 5, 2009
Page 3 of 4
MOTION: Council Member Rollins made a motion to approve the consent
agenda as amended during the workshop. Council Member
Rennhack seconded the motion. The motion carried by a vote of
4-0.
4. CONSIDER AN ORDINANCE AMENDING THE CONCEPTUAL OPEN SPACE PLAN
MAP TO ADOPT THE REVISED TRAIL SYSTEM MAP.
MOTION: No action taken.
5. FUTURE AGENDA ITEMS
No items were presented for consideration.
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
- 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
Mayor Wheat recessed the meeting at 9:27 p.m.
Mayor Wheat reconvened the meeting at 10:11
Town Council Minutes
October 5, 2009
Page 4 of 4
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.
The Town Council convened into Executive Session at 10:11 p.m.
8. RECONVENE MEETING
The Town Council reconvened into Regular Session at 10:59 p.m.
9. TAKE ANY NECESSARY ACTION FROM EXECUTIVE SESSION, IF NECESSARY
MOTION: No action taken
10. 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 4-0
Mayor Wheat adjourned the meeting at 10:59 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 Board of Aldermen
From: Kelly Edwards, Town Secretary
Subject: Regular Meeting of October 26, 2009
Date: October 7, 2009
ITEM
Consider a Resolution appointing Vanessa Swarorski-Piedra to the Westlake Public Arts
Society.
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
At the present time, one position on the Westlake Public Arts Society requires the Town
Council appointment. A recommendation has been made to consider Vanessa Swarorski-
Piedra to fill the vacant position.
BACKGROUND
N/A
FUNDING
Staff recommends that the Board fill this vacancy.
RECOMMENDATION
Application
ATTACHMENTS
Resolution No. 09-49
TOWN OF WESTLAKE
RESOLUTION NO. 09-49
APPOINTING A MEMBER TO THE WESTLAKE ACADEMY FOUNDATION
BOARD.
WHEREAS, Currently, one vacancy exist on the Westlake Public Arts Society;
and
WHEREAS, the Town Council has received one application for consideration of
appointment; and
WHEREAS, the meeting at which this Resolution was 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 TOWN COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1:
That the Town Council of the Town of Westlake does hereby
appoint the following individual to serve as a member of the Westlake Public Arts
Society for the term noted below:
Vanessa Swarorski-Piedra an expiring term of June 2011.
SECTION 2: That this Resolution shall become effective upon the date of its
passage.
PASSED AND APPROVED ON THIS 26th
DAY OF OCTOBER 2009.
___________________________________
Laura Wheat, Mayor
ATTEST:
_______________________________ ___________________________________
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: Jarrod Greenwood, Public Works Director
Subject: Regular meeting of October 11, 2009
Date: September 22, 2009
Consider a Resolution authorizing the Town Manager to enter into a contract with RJN
Group, Inc. for an engineering analysis, testing and inspection of sanitary sewer line at a
cost of approximately $60,000.
ITEM
This item supports the following Vision Point and Key Result Areas:
VISION POINT AND KEY RESULT AREAS
We are Leaders
o Infrastructure maintenance and planning
BACKGROUND
A portion of Westlake’s and Southlake’s sanitary sewer flows into a sewer line referred
to as the “N-1 Sewer Line” and is jointly owned by Westlake and Southlake. The
operation and maintenance costs are shared based on an inter-local agreement from July
1999. Westlake’s proportional costs are directly related to the 48.5 % ownership of the
sewer line’s capacity.
In 2006 Westlake and Southlake petitioned TRA to assume ownership of the sewer line.
As a condition of the transfer, TRA requested an inspection and detailed engineering
analysis of the N-1 sewer line. Westlake entered into and agreement with RJN Group in
October 2006 to perform the inspection and analysis for our 48.5% portion. A final
report by RJN was delivered to the Town in November 2007 that showed a significant
amount of groundwater was entering the sanitary sewer system. In order to narrow down
the area that needed further study, RJN performed additional flow monitoring this last
spring. This work identified a specific drainage area that was contributing the
groundwater.
The proposed RJN agreement, “Exhibit A”, includes inspection and/or testing sections of
sewer lines. RJN will provide the Town with findings, cost estimates, a repair plan to
reduce the groundwater intrusion.
The adopted FY 09/10 budget included the cost for conducting this sewer line inspection
and testing. The proposed RJN contract is approximately $60,000 and includes the
inspection, testing, and reporting as outlined in Exhibit “A”.
FUNDING
Staff recommends approval.
RECOMMENDATION
Resolution 09-50
ATTACHMENTS:
Exhibit A - Agreement for Engineering Services
Attachment I – Scope of Services
Attachment II - Compensation
Resolution 09-50
Page 1 of 17
TOWN OF WESTLAKE
RESOLUTION NO. 09-50
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
ENTERING INTO AN AGREEMENT WITH RJN GROUP, INC., FOR AN
ENGINEERING ANALYSIS, INSPECTION, AND TESTING OF SANITARY SEWER
LINE AT A COST OF APPROXIMATELY $60,000; AND AUTHORIZING THE TOWN
MANAGER TO EXECUTE THE AGREEMENT OF BEHALF OF THE TOWN OF
WESTLAKE, TEXAS.
WHEREAS, the Town of Westlake owns 48.5 % of the flow capacity in the N-1 sewer
line; and
WHEREAS, Westlake desires to work with the City of Southlake to transfer ownership of
the N-1 sewer line to the Trinity River Authority; and
WHEREAS, the transfer to TRA is contingent upon a satisfactory repair of sewer line
defects within Westlake’s collection system contributing to increased groundwater intrusion; and
WHEREAS, the Town Council finds that the analysis, inspection, testing and subsequent
repairs benefit the public and is in the best interest of the public; and
WHEREAS, the Town Council finds that funding for the sewer line inspection and testing
is necessary for the transfer; and
WHEREAS, the cost for the testing and inspection is included in the adopted FY
2009/2010 budget.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1.
are incorporated herein by reference as if copied in their entirety.
All matters stated in the Recitals above are found to be true and correct
and
SECTION 2.
contract with RJN Group, Inc., for the testing and inspection sanitary sewer line located in the
Basin WL-2, attached as Exhibit “A”, and further authorizes the Town Manager to execute the
agreement on behalf of the Town of Westlake, Texas.
The Town Council of the Town of Westlake hereby approves the
Resolution 09-50
Page 2 of 17
PASSED AND APPROVED ON THIS 26th
DAY OF OCTOBER, 2009.
_______________________________
Laura Wheat, Mayor
ATTEST:
___________________________ ________________________________
Kelly Edwards, Town Secretary Tom Brymer, Town Manager
APPROVED AS TO FORM:
___________________________
L. Stanton Lowry, Town Attorney
Resolution 09-50
Page 3 of 17
EXHIBIT “A”
AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT is made this ______ day of _______, 200___ by and between the
Town of Westlake, Texas (hereinafter referred to as "TOWN") and RJN Group, Inc. (hereinafter
referred to as "ENGINEER").
WHEREAS, TOWN contemplates the need to make improvements to the wastewater
collection system. This project is to be known as “Wastewater Collection System Assessment
Project – Basin WL 2” and hereinafter referred to as the "Project".
WHEREAS, ENGINEER is qualified, able, and desirous of performing the necessary
engineering work upon which the Project is based and is willing and able to work with TOWN
staff to organize and coordinate the professional services necessary to complete the Project as
described in the Attachment I which is attached hereto and incorporated by reference as if fully
set forth herein.
NOW, THEREFORE, TOWN engages ENGINEER to perform, and ENGINEER agrees
to perform, the engineering work for the Project, as more fully described herein below, and
TOWN agrees to pay as compensation, and ENGINEER agrees to accept as compensation, the
payments in the amounts herein specified, all in accordance with the terms more fully set out
below and as provided in Attachment II which is attached hereto and incorporated by reference
as if fully set forth herein.
I. ARTICLE
ENGINEERING SERVICES
A. Scope of Work.
ENGINEER will provide the supervision, direction, personnel and equipment to perform
the engineering Services outlined in Attachment I in accordance with the terms set forth in this
Agreement and in Attachment I.
B. Definitions.
Services refer to the professional services performed by ENGINEER pursuant to this
Agreement.
C. Changes.
TOWN, without invalidating the Agreement, may order changes within the general scope
of the work required by the Agreement by altering, adding to and/or deducting from the work to
be performed. If any change causes an increase or decrease in ENGINEER's cost of, or the
time required for, the performance of any part of the Services under the Agreement, an
Resolution 09-50
Page 4 of 17
equitable adjustment will be made by mutual agreement and this Agreement shall be modified in
writing accordingly.
D. Coordination With Owner.
The TOWN shall make available to ENGINEER for use in performing Services
hereunder all existing plans, maps, field notes, statistics computations and other data in the
TOWN's possession relative to existing facilities and to the Project.
E. Site and Local Conditions.
ENGINEER has the right to examine the site in order to become acquainted with local
conditions and accepts conditions at the site unless otherwise noted in writing to the TOWN.
Any coordination or scheduling of work by the TOWN shall not relieve ENGINEER from its
responsibilities specified hereunder. Necessary arrangement for access to any site by
ENGINEER's employees will be made with TOWN.
F. Assignment and Subcontractors/Third Party Rights.
The rights and obligations covered herein are personal to each party hereto and not to
any third party and for this reason neither this Agreement nor any contract hereunder shall be
assigned by either party in whole or in part; nor shall ENGINEER subcontract any of its
obligations under this Agreement without the prior consent of the TOWN.
G. Independent Contractor.
ENGINEER covenants and agrees that it will perform the work hereunder as an
independent contractor, and not as an officer, agent, servant, or employee of the TOWN; that
ENGINEER shall have exclusive control of and exclusive right to control the details of the work
performed hereunder, and all persons performing same, and shall be solely responsible for the
acts and omissions of its officers, agents, employees, contractors, subcontractors, and
consultants; that the doctrine of respondent superior shall not apply as between the TOWN and
ENGINEER, its officers, agents, employees, contractors, subcontractors, and consultants, and
nothing herein shall be construed as creating a partnership or joint enterprise between the
TOWN and ENGINEER.
H. Disclosure.
By signature of this contract, ENGINEER warrants to the TOWN that it has made full
disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including
personal financial interests, direct or indirect, in property abutting the proposed Project and
business relations with abutting property owners. ENGINEER further warrants that it will make
disclosure in writing of any conflicts of interest that develop subsequent to the signing of this
contract and prior to final payment under the contract.
Resolution 09-50
Page 5 of 17
I. Approval by CITY.
Approval by the TOWN of this Agreement shall not constitute or be deemed to be a
release of the responsibility and liability of ENGINEER, its officers, agents, employees, and
subcontractors for the accuracy and competency of the Services performed under this
Agreement, including but not limited to surveys, designs, working drawings and specifications
and other engineering documents.
Such approval shall not be deemed to be an assumption of such responsibility and
liability by the TOWN for any negligent act, error, or omission in the performance of
ENGINEER's professional services or in the conduct or preparation of the subsurface
investigations, surveys, designs, working drawings and specifications or other engineering
documents by ENGINEER, its officers, agents, employees and subcontractors, it being the
intent of the parties that approval by the TOWN signifies the TOWN's approval of only the
general design concept of the Improvements to be constructed.
J. Indemnification.
ENGINEER SHALL AND DOES HEREBY AGREE TO INDEMNIFY AND HOLD
HARMLESS TOWN, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL
DAMAGES, LOSS OR LIABILITY OF ANY KIND WHATSOEVER, BY REASON OF DEATH OR
INJURY TO PROPERTY OR PERSON CAUSED BY ANY OMISSION OR NEGLIGENT ACT
OF ENGINEER, ITS OFFICERS, AGENTS, EMPLOYEES, INVITEES, OR OTHER PERSONS
FOR WHOM IT IS LEGALLY LIABLE, WITH REGARD TO THE PERFORMANCE OF THIS
CONTRACT, AND ENGINEER WILL, AT ITS COST AND EXPENSE, DEFEND, PAY ON
BEHALF OF, AND PROTECT CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES
AGAINST ANY AND ALL SUCH CLAIMS AND DEMANDS.
K. No Third Party Beneficiary.
For purposes of this Agreement, including its intended operation and effect, the parties
specifically agree and contract that: (1) this Agreement only affects matters/disputes between
the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise
affect any third person or entity, notwithstanding the fact that such third person or entities may
be in a contractual relationship with TOWN and ENGINEER, or both; and (2) the terms of this
Agreement are not intended to release, either by contract or operation of law, any third person
or entity from obligations they owe to either TOWN or ENGINEER.
L. Successors and Assigns.
The TOWN and ENGINEER each bind themselves and their successors, executors,
administrators and assigns to the other party to this Agreement and to the successors,
executors, administrators and assigns of such other party with respect to all covenants of this
Resolution 09-50
Page 6 of 17
Agreement. Neither the TOWN nor ENGINEER shall assign or transfer its interest in this
Agreement without prior written consent of the other.
II. ARTICLE
TOWN’S RESPONSIBILITIES
The TOWN will:
1. Provide full information as to TOWN’s requirements for the Project;
2. Assist ENGINEER by placing at ENGINEER’s disposal all information in TOWN’s
control or knowledge which is pertinent to the Project, including executed right-of-
way easements and final field survey data;
3. Examine all work presented by ENGINEER and respond within reasonable time
and in writing to the material submitted by ENGINEER;
4. Pay all costs incident to advertising for obtaining bids or proposals from
Contractors;
5. Give prompt written notice to ENGINEER whenever TOWN observes or
otherwise becomes aware of any defect in ENGINEER’s work or in Contractor’s
work;
6. Designate in writing a person to act as its representative with respect to this
Agreement, such person having complete authority to transmit instructions,
receive information, and make or interpret the TOWN’s decisions;
7. Provide all information and criteria as to the TOWN’s requirements, objectives,
and expectations for the Project including all numerical criteria that are to be met
and all standards of development, design, or construction.
8. Provide to the ENGINEER all previous studies, plans, or other documents
pertaining to the Project and all new data reasonably necessary in the
ENGINEER’s opinion, such as site survey and engineering data, environmental
impact assessments or statements, zoning or other land use regulations, etc.,
upon all of which the ENGINEER may rely; and
9. Arrange for access to the site and other private or public property as required for
the ENGINEER to provide its services.
10. Provide any other information or assistance as outlined in Attachment I hereto.
Resolution 09-50
Page 7 of 17
III. ARTICLE
COMPENSATION FOR ENGINEERING SERVICES
The TOWN shall compensate ENGINEER for services rendered under this Agreement,
in accordance with the following:
For the completion of the work contemplated in Article I, the ENGINEER shall be paid as
outlined in Attachment II with a total not to exceed cost ceiling of $59,952.20.
IV. ARTICLE TIMES OF BILLING AND PAYMENT
The ENGINEER shall bill the TOWN monthly for costs incurred in accordance with the
work performed provided the limits set out in Article III hereof have not been exceeded.
Payment shall be due within thirty (30) days of receipt by TOWN of a properly prepared and
correct invoice from ENGINEER. Remittances shall be made to ENGINEER's office at 12160
Abrams Road, Suite 400, Dallas, Texas 75243.
V. ARTICLE
ADDITIONAL ENGINEERING SERVICES
In addition to performing the engineering services set out in Article I, hereof, ENGINEER
agrees to perform additional services as requested by TOWN from time to time and TOWN
agrees to compensate ENGINEER for such services in accordance with ENGINEER's standard
hourly fee as determined by the actual costs incurred and by actual time expended, such
services to be one or more of the following:
1. Make or prepare detailed description of sites, maps, or drawings related thereto
and outside the scope of the Project;
2. Appearances before courts or boards on matters of litigation or hearings related
to the Project;
3. Miscellaneous engineering work for TOWN not related to the Project;.
4. Other services agreed to by the parties in writing attached hereto as
Attachment II and incorporated herein.
VI. ARTICLE STANDARD OF CARE
In performing its professional services, the ENGINEER will use that degree of care and
skill ordinarily exercised, under similar circumstances, by reputable members of its profession in
the same locality at the time the services are provided. No warranty, express or implied, is made
Resolution 09-50
Page 8 of 17
or intended by the ENGINEER's undertaking herein or its performance of services, and it is
agreed that the ENGINEER is not a fiduciary with respect to the TOWN.
VII. ARTICLE
PERIOD OF SERVICE
This Agreement shall be effective upon execution by the TOWN and ENGINEER, and
shall remain in force until work is completed on the Project or until terminated under the
provisions hereinafter provided in Article IX.
VIII. ARTICLE
TERMINATION
The TOWN may terminate this Agreement at any time for convenience or for any cause
upon ten (10) days written notice to the ENGINEER. Upon receipt of such notice the
ENGINEER shall immediately discontinue all services and work and the placing of all orders or
the entering into contracts for supplies, assistance, facilities, and materials in connection with
the performance of this Agreement and shall proceed to cancel promptly all existing contracts
insofar as they are chargeable to this Agreement.
The ENGINEER, upon termination, shall be paid for all services rendered through the
date of termination together with any additional reimbursable expense then due.
IX. ARTICLE
OWNERSHIP OF DOCUMENTS
1. All completed or partially completed reports prepared under this Agreement,
including the original drawings in both paper and electronic formats, shall
become the property of the TOWN if this Agreement is terminated. Upon
completion and payment of the contract, the final design, drawings, specifications
and documents in both paper and electronic formats shall be owned by TOWN.
2. Reuse, change or alteration by the TOWN or others acting by or on behalf of
TOWN of such documents without the permission of ENGINEER shall be at
TOWN's sole risk.
X. ARTICLE INSURANCE
ENGINEER shall carry and maintain at all times relevant hereto, at ENGINEER's
expense, insurance of the type and of minimum coverage limits as follows:
1. Workers Compensation - Statutory Employer's Liability - Limits as required by the
State of Arkansas.
2. Comprehensive General Liability, Bodily Injury and Property Damage including
Resolution 09-50
Page 9 of 17
contractual liability in a combined single limit - $500,000 per occurrence.
3. Comprehensive Automotive Liability, Bodily Injury and Property Damage in a
combined single limit - $1,000,000 per accident.
Certificates of insurance for the above coverage in a form acceptable to TOWN,
evidencing the coverage required above, shall be provided to the TOWN upon execution of this
Agreement. Such certificates shall provide that the insurer will give the TOWN not less than
thirty (30) days notice of any material changes in or cancellation of coverage. In the event any
subcontractor of ENGINEER, with or without TOWN's consent, provides or renders services
under this Agreement, ENGINEER shall ensure that the subcontractor's services are covered by
the same insurance limits as set forth above.
ENGINEER shall not commence work under this Agreement until it has obtained
Professional Liability (Errors and Omissions) Insurance as required hereunder. Such insurance
shall be in the minimum amount of $1,000,000. In this connection, upon the signing and return
of this Agreement by ENGINEER, a Certificate of Insurance shall be furnished to the TOWN as
evidence that the insurance coverage required herein has been obtained by ENGINEER, and
such certificate shall contain the provision that such insurance shall not be cancelled or modified
without thirty (30) days prior written notice to the TOWN.
Xl. ARTICLE
AUTHORIZATION, PROGRESS AND COMPLETION
TOWN and ENGINEER agree that the Project is planned to be completed by July 30,
2010. ENGINEER shall employ manpower and other resources, and use professional skill and
diligence to meet the schedule; however, ENGINEER shall not be responsible for schedule
delays resulting from conditions beyond its control. By mutual agreement, TOWN and
ENGINEER may modify the Project schedule during the course of the Project and if such
modifications affect ENGINEER's compensation, it shall be modified accordingly, subject to
TOWN's approval.
It is understood that this Agreement contemplates full and complete engineering
services for this Project, including any and all Services necessary to complete the work. For
additional Engineering Services, the authorization by the TOWN shall be in writing and shall
include the definition of the services to be provided, the schedule for commencing and
completing the services, and the basis for compensation as agreed upon by TOWN and
ENGINEER.
XII. ARTICLE
NOTICE
Any notice required under this Agreement will be in writing and given either personally,
by registered or certified mail, return receipt requested, or by a nationally recognized overnight
courier service, addressed to the parties as follows:
Resolution 09-50
Page 10 of 17
If to TOWN: Town of Westlake
__________________
__________________
Phone:
Fax:
If to ENGINEER: RJN Group, Inc.
12160 Abrams Road, Suite 400
Dallas, Texas 75243
Phone: 972-437-4300
Fax: 972-437-2707
All notice shall be effective upon the date of receipt.
XIII. ARTICLE
SEVERABILITY
In the event that any provision of this Agreement shall be found to be void or
unenforceable, such finding shall not be construed to render any other provisions of this
Agreement either void or unenforceable. All provisions, which are void or unenforceable, shall
not substantially affect the rights or obligations granted to or undertaken by either party.
Resolution 09-50
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XIV. ARTICLE
VENUE-LAW
Venue of any suit or cause of action under this Agreement shall lie exclusively in Tarrant
County, Texas. This Agreement shall be construed in accordance with the laws of the State of
Texas.
IN WITNESS WHEREOF the parties have caused this Agreement to be executed in two
equal originals on the date and year first above mentioned.
TOWN OF WESTLAKE:
By:
Tom Brymer, Town Manager
ATTEST:
By:
Kelly Edwards, Town Secretary-
ENGINEER:
By:
Hugh M. Kelso, Vice President
Resolution 09-50
Page 12 of 17
ATTACHMENT I
SCOPE OF SERVICES
Wastewater Collection System Assessment Project – Basin WL 2
The TOWN of Westlake, Texas, hereinafter called TOWN, hereby engages RJN Group, Inc. hereinafter
called the ENGINEER, to perform professional services to provide Inflow and Infiltration (I/I) Reduction
Services within the wastewater collection system of the TOWN of Westlake – Basin WL-2.
1. PROJECT DESCRIPTION
The scope of services to be provided by RJN includes all necessary professional and field
services for the following:
RJN Group, Inc.’s responsibilities include field services, analysis, reporting and
assistance to the TOWN in
developing an I&I reduction program. The study area
is comprised of approximately 36,000 linear feet in Basins WL - 2 identified as
having the highest levels of inflow in the 2009 flow monitoring program.
2. SERVICES INCLUDED
SECTION 1 PROJECT ADMINISTRATION AND MANAGEMENT:
1. Project Administration:
Prepare final schedule of work activities.
Meet with TOWN staff on a periodic basis, to update previous investigative work, to
coordinate upcoming work, and to receive any input from staff. Meetings will be held at
significant project milestones with written documentation of each meeting provided.
Perform general consultation with appointed TOWN representative on an as-needed
basis. Provide general overview opportunities for TOWN personnel for observing
regularly scheduled field inspection and testing activities.
Perform ENGINEER's internal project control procedures on a monthly basis including
schedule and budget control, quality control review, and monthly progress reports.
2. Data Management:
Collect and review existing information including maps, flow records, and other pertinent
information. TOWN will provide maps of the wastewater system.
Number all manholes and cleanouts found during the investigation not shown on the
maps provided. Update the maps and provide them to the TOWN. Updates shall include
new lines, manholes and cleanouts, and hydraulic network changes.
Prepare preliminary field maps for project use from existing maps provided by the
TOWN. All drainage areas, sewers, manhole numbers will be shown on the maps.
Establish a data management system and maintain collected data throughout project
duration. Prepare data for use in analysis and report generation.
3. Public Relations:
ENGINEER will prepare and deliver notices necessary for the performance of smoke
testing. Every reasonable effort will be made to distribute notices two (2) days prior to
Resolution 09-50
Page 13 of 17
smoke testing; however, the TOWN will allow the ENGINEER to distribute notices up to
a minimum of one day in advance of smoke testing.
ENGINEER may distribute notices up to a maximum of fourteen (14) days prior to smoke
testing. If conditions do not allow smoke testing to be performed during this period,
ENGINEER will redistribute notices. If redistribution of smoke notices is required, testing
may be performed within one (1) day of noticing.
RJN shall review all information collected by the TOWN to ensure a thorough
understanding of the project background. A kick-off meeting with the TOWN shall be
conducted to develop a thorough understanding of the project, goals and to coordinate
the routine and timely exchange of information.
SECTION 2 - CONDITIONS ASSESSMENT
1. Manhole Inspection:
Utilizing industry standard safety procedures and appropriate traffic control, all
subsurface manhole components will be inspected. All subsurface manhole
components including the frame seal, walls, manhole bench and trough will be
inspected. Potential maintenance problems are also recorded and provisions to repair
the problems are included in the recommendations.
Depth and velocity measurements will be estimated at each line segment to identify any
possible restrictions in the lines. All pipes entering or exiting the manhole structures that
are descended will be inspected for defects and restrictions. The manhole rim to invert
dimension will be recorded for all connecting lines.
Flow rates are estimated for major sources of I/I in each of the manholes inspected. Any
major I/I sources or defects will be immediately reported to the TOWN.
The recorded data includes the following:
• Location and identification number
• Potential for surface water ponding on manhole cover
• Cover type, fit, distance above or below grade, evidence of inflow
• Frame adjustment, type and condition of seal, evidence of inflow
• Corbel construction, condition, evidence of inflow
• Wall construction, condition, evidence in infiltration
• Bench/trough construction, condition, deposition, evidence of infiltration
• Pipe seal condition, evidence of infiltration
• Step and rung condition
• Inside diameter
• Surcharging or evidence of surcharging
• Indication of groundwater level at time of inspection
• Maintenance problems
• Line segment diameter and direction
Resolution 09-50
Page 14 of 17
• Line segment observations from the manhole
The ENGINEER will attempt to find all manholes and to expose manholes
that are buried less than one-half inch under asphalt and less than three
inches under non-paved surfaces. If the ENGINEER is unsuccessful, these
manholes will be turned over to the TOWN for locating and/or exposure.
Should the TOWN locate or make accessible these manholes within 14
days of notification, the ENGINEER will complete all necessary inspections
at no additional cost to the TOWN.
Once the TOWN has located or provided access to these manholes within 30 days of
notification, the ENGINEER will complete all necessary inspections at no additional cost
to the TOWN. The data management/computer model will be used to process and
analyze the inspection data.
2. Smoke Testing:
This task will specifically identify sections of sewer lines and sources where excessive
infiltration and inflow may be expected to occur during wet-weather periods including
locations of stormwater transfer into the sanitary sewer system.
A dual blower intensified smoke testing technique will be utilized to test sewer lines in
the selected study areas. This enhanced method uses two smoke blowers for each test
segment instead of the conventional technique of one blower, and partial plugging of the
segment. The objective is to provide the maximum amount of smoke pressure to identify
connections from sources such as catch basins, roof leaders, yard drains, area drains,
and detectable main line and lateral defects. Smoke testing will be performed only
during dry periods to maximize the effectiveness of the smoke testing program.
3. Dyed Water Flooding:
Inflow sources will also be identified by means of dyed water flooding of storm sewer
sections and suspected overflows, stream sections, ditch sections, and ponding areas
that may be contributing to inflow. Positive dye tests are quantified for leakage rate.
Field inspection data are input to the computerized data management system and
analyzed. A water meter and water for dyed water flooding will be provided by the
TOWN at no charge to the ENGINEER.
Dyed water flooding shall be conducted prior to television inspection to verify the
existence of inflow and infiltration sources. Dyed water flooding will also be conducted
in conjunction with televised inspection to quantify the magnitude of I/I sources and to
identify the specific nature of the defect.
4. Interim Report/Cleaning and Internal Television (TV) Inspection:
A. Perform analysis of field investigations for TV inspection recommendations.
Prepare a letter report summarizing the justification and location of sewers to be
TV inspected with concurrent dyed water flooding. Submit and discuss the report
with the TOWN.
B. At the option of the Owner, perform cleaning and internal TV inspection of
selected sewer lines and record findings. Sanitary sewer lines will be lightly
cleaned in order to view the condition of the pipe. Heavy cleaning and root
Resolution 09-50
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cutting is not a part of this contract. During cleaning operations, all sludge,
debris, etc. shall be removed from the sewer and disposed of properly.
C. Observe Television Inspection activities and perform Concurrent Dyed Water
Flooding with TV inspection to verify locations of inflow defects. Review
television inspection data and enter into project database.
5. Defect Analysis and Report:
At the conclusion of the field investigation services, an Engineering analysis of field
survey data shall be performed to develop recommendations for prioritizing I/I source
repairs. A description of field investigations, Engineering analysis, and recommended
action to reduce I/I will be included in the report. The analysis will compare monitored
and source flows using flow monitoring results and computerized listing of quantified
defect flows. Flow balancing further considers recorded flows and source flows based
on evaluation of identified I/I flow rates and unaccounted flows by basin.
A. Develop rehabilitation and improvement costs for various types of
infiltration/inflow defect repairs and sewer improvements for line and manhole
improvement.
B. Perform priority analysis for infiltration rehabilitation plan based on applicable
rehabilitation method, material, and costs.
C. Perform analysis for inflow rehabilitation plan based on applicable rehabilitation
method, material and costs.
D. Develop recommendations for rehabilitation of both public and private I/I sources
in priority order, cost estimates by individual rehabilitation type, and estimated I/I
reduction as a result of the recommendations.
E. Prepare and submit three (3) copies of a draft report, which includes results of
the I/I investigations, findings, cost estimates, recommended plan to reduce I/I
and a preliminary schedule of implementation for sewer rehabilitation (CIP
Program recommendations). The draft report will be presented and discussed
with TOWN staff. After comments are received, a final report will be prepared
and submitted to the TOWN. ENGINEER will provide five (5) copies of the final
report. Recommendations for the improvements will consider the following
methods.
Resolution 09-50
Page 16 of 17
• Main Replacement
• Point Repair
• Inversion Lining
• Expansion Lining
• Access Structure Rehabilitation
• Access Structure Replacement
SECTION 3 - PROJECT DELIVERABLES:
The ENGINEER shall compile all findings, reports and field cataloging into a hard copy
form and on CD-ROM. The ENGINEER shall deliver to the TOWN, as outlined in the
Scope of Work, all information pertaining to the investigation and final analysis of the
SSES project.
All documentation and reports shall be delivered as outlined above and herein to be
access with MS Windows XP Word 2003 and Excel 2003 and Access 2003.
• Final Report of findings and recommended rehabilitation plan.
• All data collected during the investigation will be provided in Microsoft Access
and/or Excel. Data includes manhole inventory and condition information, line
segment inventory and condition information, and private sector defect
identification and location. Hard copies of the field inspection forms will also be
provided.
Resolution 09-50
Page 17 of 17
ATTACHMENT II
COMPENSATION SCHEDULE
Town of Westlake - Sanitary Sewer Assessment: Basin WL-2
In consideration of the services to be performed under this Agreement, ENGINEER shall
be paid as per the following compensation schedule:
1. Administration 1 LS $3,500.00 $3,500.00
2. Data Management 1 LS $2,255.00 $2,250.00
3.
Manhole Inspection (above
ground) 142 EA $66.00 $9,372.00
4. Public Relations 1 LS $750.00 $750.00
5. Smoke Testing
Street 32,000 LF $0.41 $13,120.00
Off-
Street 4,000 LF $0.45 $1,800.00
6. Dyed Water Flooding 6 EA $325.00 $1,950.00
7. Cleaning/CCTV Inspection 3,600 LF $2.50 $9,000.00
8 CCTV Supervision/Tape Review 3,600 LF $1.60 $5,760.00
9. Analysis 1 LS $4,500.00 $4,500.00
10 Report 1 LS $2,500.00 $2,500.00
11 Contingency 1 LS $5,450.20 $5,450.20
TOTAL $59,952.20
Memo
Town of Westlake
To: Honorable Mayor and Members of the Town Council
From: Kelly Edwards, Town Secretary
Subject: Regular Meeting October 26, 2009
Date: October 22, 2009
Consider a Resolution to enter into an Interlocal Agreement with Tarrant County to
participate in the County Records Destruction and Recycling Program.
ITEM
This item supports the following Vision Point and Key Result Areas:
VISION POINT AND KEY RESULT AREAS
We are Leaders
o Environmental stewardship initiatives
o Infrastructure maintenance and planning
Hospitality Finds its Home in Westlake
o Historic Preservation
This is a free service provided by the County that local governments can use to meet the
State destruction of records requirements. Some other record destruction services charge
$500.00 to $1,000.00 (on a per pound charge) for this service. Currently the Town stores
records in various locations though-out Town Hall and in an off-site storage facility.
Conducting this inventory would allow us to identify all essential and non-essential and
historical records meeting the requirements of Chapter2, Article VI Records
Management, of the Code of Ordinances and allow each department to destroy older
records, freeing up their storage, in accordance with the State schedules as adopted.
BACKGROUND
No impact
FUNDING
Approve the Resolution entering into the agreement.
RECOMMENDATION
Resolution No. 09-51
ATTACHMENTS:
Attachment A
Resolution 09-51
Page 1 of 3
THE STATE OF TEXAS }
KNOWN ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT }
CONTRACT
This agreement made and entered into this the day of , 2009 ,
by and between the County of Tarrant, hereinafter referred to as County acting by and
through its governing body the Commissioners Court and the Town of Westlake,
hereinafter referred to as the Town of Westlake acting by and through its governing
body, both of the State of Texas,
Witnesseth:
WHEREAS, this agreement is made under the authority granted by and pursuant
to Chapter 791, Texas Government Code, known as the INTERLOCAL
COOPERATION ACT; and,
WHEREAS, it is the responsibility of the County and the Town of Westlake to
provide for the health and safety of the citizens of the Town of Westlake and to foster
the preservation of the environment; and
WHEREAS, the County Records Destruction and Recycling Program was
established in August 1993 by the Office of the County Clerk to provide an alternative to
traditional waste disposal methods by destroying eligible records and baling the shredded
record material for resale; and
WHEREAS, the Texas Commission on Environmental Quality supports the
development and implementation of programs to reduce and recycle waste materials from
public entities to reduce waste by 50% by the year 2000; and
WHEREAS, the County Records Destruction and Recycling Program has been
expanded from a program solely for the County Clerk's records to now include the
destruction of records and paper materials from a variety of County offices and facilities,
as well as other local governmental agencies; and
WHEREAS, the governing bodies of each party find that the project of
undertaking is necessary for the benefit of the public and that each party has the legal
authority to provide such service, and the reduction of waste is in the common interest of
both parties hereto; and that the division of costs provided for constitutes adequate
consideration of each party; said project being more particularly described as:
Attachment A
Resolution 09-51
Page 2 of 3
Shredding and baling of eligible documents for the the Town of Westlake to
meet the State mandate of waste reduction.
WHEREAS, the parties hereto, in order to facilitate the financing of said
shredding, for adequate consideration given, the parties agree as follows:
County and the County Clerk will shred all documents sent for destruction in accordance
with State Laws.
County and the County Clerk agree to shred those documents specifically identified to be
of a confidential nature without pre-sorting.
County and the County Clerk will give to the Town of Westlake a DESTRUCTION
CERTIFICATION after the destruction of said documents.
All shredded paper becomes the property of County and is the consideration for County's
participation in this project.
The Town of Westlake agrees to deliver to the recycling center located at 600 South
Sylvania, Fort Worth, Texas all paper records for destruction.
The Town of Westlake agrees to deliver only office type paper clean of any trash
capable of recycling.
The Town of Westlake agrees to call 817-884-3391 for an appointment before the
delivery of paper.
All paper sent for destruction will be the responsibility of the Town of Westlake to
ensure that all State Laws and rules of the State Library have been met.
The Town of Westlake agrees to fill out a DESTRUCTION REQUEST each time
records are brought to the recycling center. (sample to be obtained from Tarrant County)
County and the County Clerk will not be liable for destruction of paper which may not be
destroyed pursuant to State Law.
This agreement shall terminate on fifteen days written notice to either party. Upon
request by the County Clerk, the Commissioners Court shall terminate this agreement on
behalf of the County.
Attachment A
Resolution 09-51
Page 3 of 3
IN WITNESS WHEREOF, the parties hereto have executed three (3) copies of this
contract in TARRANT COUNTY, Texas this _______ day of _______________, 2009
.
COUNTY OF TARRANT
STATE OF TEXAS
By:
B. GLEN WHITLEY
County Judge
ATTEST: APPROVED:
County Clerk Deputy SUZANNE HENDERSON
County Clerk
APPROVED AS TO FORM:
Date:
ASSISTANT DISTRICT ATTORNEY
ATTEST:
By:
Laura Wheat
Mayor, Town of Westlake
Thomas E. Brymer
Town Manager, Town of Westlake
TOWN OF WESTLAKE
RESOLUTION NO. 09-51
TO APPROVE AN INTERLOCAL WITH TARRANT COUNTY TO PARTICIPATE IN
THE COUNTY’S RECORDS DESTRUCTION AND RECYCLING PROGRAM.
WHEREAS, it is the responsibility of the County and the Town of Westlake to
provide for the health and safety of the citizens of the Town of Westlake and to foster the
preservation of the environment; and
WHEREAS, it is desirable to reduce the cost of records storage and destruction
of municipal records; and
WHEREAS, the Town Council finds that the agreement from Tarrant County
meets the necessary requirements of the records destruction requirements established
by State law.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1.
All matters stated in the Recitals above are found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2.
The Town Council of the Town of Westlake hereby approves the
Interlocal Agreement with Tarrant County attached hereto as Exhibit “A”, and further
authorizes the Mayor and Town Manager to execute the agreement on behalf of the
Town of Westlake, Texas.
PASSED AND APPROVED ON THIS 26th
DAY OF OCTOBER, 2009.
_______________________________
Laura Wheat, Mayor
ATTEST:
___________________________ ________________________________
Kelly Edwards, Town Secretary Tom Brymer, Town Manager
APPROVED AS TO FORM:
___________________________
L. Stanton Lowry, Town Attorney
Town of Westlake
Proclamation
WHEREAS, more than six hundred local chambers of commerce in Texas
distinguish themselves as the voice of business in our state; and
WHEREAS, the work accomplished by those local chambers has benefited our
state through their economic development and community development programs;
and
WHEREAS, the local chambers of commerce unceasingly promote their
community for quality growth and development; and
WHEREAS, the business community, represented through local chambers of
commerce, has been a driving force in fostering enhanced educational opportunities,
infrastructure improvements, leadership development, the creation of jobs, and a
positive vision of the future;
WHEREAS, the chamber of commerce community in Texas has sought to
achieve successful results for our state in a cooperative spirit with other organizations;
and
WHEREAS, The Northwest Metroport Chamber of Commerce celebrates over 20
years of service to the northwest region of the Dallas-Fort Worth Metroplex and
specifically the communities of Haslet, Justin, Northlake, Roanoke, Trophy Club and
Westlake.
NOW, THEREFORE, I, Laura Wheat, by the power vested in me as Mayor of
Westlake, hereby proclaim the week of OCTOBER 19-23, 2009, as:
Chamber of Commerce Week
In Westlake, Texas.
IN WITNESS WHEREOF, I have hereunto
set my hand and caused the official seal of
the Town of Westlake, Texas to be affixed
this 26h
day of October 2009.
__________________________________________
Laura Wheat, Mayor
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
- Westlake Baja at Vaquero
o November 16, 2009, 3:30 p.m.
- 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. 551.074(a)(1) PERSONNEL MATTERS - to deliberate the appointment,
employment, evaluation, reassignment, duties, of a public officer or employee:
Town Manager
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. 551.074(a)(1) PERSONNEL MATTERS - to deliberate the appointment,
employment, evaluation, reassignment, duties, of a public officer or employee:
Town Manager
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.