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HomeMy WebLinkAbout04-22-13 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 posted start time.
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 vibrant culture and metropolitan location.
Westlake, Texas – A Premier Knowledge Based Community
Page 1 of 5
TOWN OF WESTLAKE, TEXAS
Vision Points
Sense of Place; Leadership; Caring Community; Exemplary Governance; and
Service Excellence
TOWN COUNCIL MEETING
AGENDA
April 22, 2013
WESTLAKE TOWN HALL
3 VILLAGE CIRCLE, 2ND FLOOR
WESTLAKE, TX 76262
COUNCIL CHAMBERS or MUNICIPAL CONFERENCE ROOM
Workshop Session: 5:00 p.m.
Regular Session: 6:30 p.m.
Page 2 of 5
Workshop Session
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. REVIEW OF CONSENT AGENDA ITEMS FOR THE APRIL 22 , 2013, TOWN
COUNCIL REGULAR MEETING AGENDA. (10 min)
4. REPORTS
Reports are prepared for informational purposes and will be accepted as presented. (there
will be no presentations associated with the report items) There will be no separate
discussion unless a Board Member requests that report be removed and considered
separately.
a. Report of Quarterly Financial Dashboard and Analysis as well as Capital Projects
for the Quarter ended March 31, 2013.
5. DISCUSSION ITEMS
a. Review and discussion of Westlake Academy Expansion Plans. (15 min)
b. Discussion regarding the construction manager at-risk services establishing a
guaranteed maximum price for the Phase One of the Westlake Academy campus
expansion project. (15 min)
c. Discussion of Emergency Preparedness; SA 12.2 Review Town and Academy
SOPs and emergency plans to maintain readiness. (15 min)
d. Discussion regarding the proposed zoning and Land Use plan amendments. (30
min)
6. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
b. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate
the appointment, employment, evaluation, reassignment, duties, of a public
officer or employee: Town Manager
7. RECONVENE MEETING
8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
9. COUNCIL RECAP / STAFF DIRECTION
Page 3 of 5
10. ADJOURNMENT
Regular Session
1. CALL TO ORDER
2. CITIZEN PRESENTATIONS AND RECOGNITIONS: 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.
National Day of Prayer Proclamation
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. Consider approval of the minutes from the meeting held on March 25, 2013.
b. Consider approval of the minutes from the meeting held on April 2, 2013.
c. Consider approval of Resolution 13-11, Approving a Contract with Tarrant
County for Election Services.
d. Consider approval of Resolution 13-12, Entering into an Interlocal agreement
to participate in Tarrant County’s West Nile Virus surveillance and response
program.
e. Consider approval of Resolution 13-13, Approve an Interlocal Agreement with
Roanoke for the reconstruction of Main within the Town of Westlake town limits.
f. Consider approval Resolution 13-14, Authorizing Staff to enter into
negotiations with Steele & Freeman, Inc. for construction manager at-risk
services establishing a Guaranteed Maximum Price for the Phase I of the
Westlake Academy campus expansion project.
g. Consider approval of Resolution 13-15, Awarding a bid to Humphrey &
Associates for the installation of the underground power utilities to the
temporary classroom buildings .
h. Consider approval of Resolution 13-16, Authorizing the Town Manager to reject
the bid from Mobile Modular for the purchase of three (3) temporary classroom
buildings.
4. PUBLIC HEARING AND RECOMMENDATION OF ORDINANCE 702, AMENDING
THE COMPREHENSIVE PLAN “LAND USE MAP” SPECIFICALLY, CHANGING THE
PLANNED USE OF THE PROPERTY LOCATE IN THE PD1-2 ZONING DISTRICT
FROM OFFICE AND RETAIL USES TO MIXED-USE.
Page 4 of 5
5. PUBLIC HEARING AND RECOMMENDATION OF ORDINANCE 703, AMENDING
THE PERMITTED USES AND DEVELOPMENT REGULATIONS OF PLANNING
DISTRICT 1-2 (PD1-2) INCLUDING DEVELOPMENT GUIDELINES, DESIGN
STANDARDS, ROADWAY DESIGN STANDARDS, RESIDENTIAL DEVELOPMENT
STANDARDS, SIGNAGE STANDARDS, AND THE CONCEPT PLAN FOR PD1-2 TO
ALLOW FOR A MIXED USE “VILLAGE” PLANNED DEVELOPMENT ON AN 85 ACRE
(APPROX.) TRACT LOCATED AT THE NORTHEAST CORNER OF FM 1938 (DAVIS
BLVD) AND SOLANA BOULEVARD.
6. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
b. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate
the appointment, employment, evaluation, reassignment, duties, of a public
officer or employee: Town Manager
7. RECONVENE MEETING
8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
9. 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.
10. STRATEGIC ISSUES CALENDAR
11. COUNCIL CALENDAR
Page 5 of 5
12. 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.
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle,
April 17, 2013, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code.
_____________________________________
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.
Town of Westlake
Item # 2 – Pledge of
Allegiance
Texas Pledge:
"Honor the Texas
flag; I pledge
allegiance to thee,
Texas, one state under
God, one and
indivisible."
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. Consider approval of the minutes from the meeting held on March 25, 2013.
b. Consider approval of the minutes from the meeting held on April 2, 2013.
c. Consider approval of Resolution 13-11, Approving a Contract with Tarrant County
for Election Services.
d. Consider approval of Resolution 13-12, Entering into an Interlocal agreement to
participate in Tarrant County’s West Nile Virus surveillance and response program.
e. Consider approval of Resolution 13-13, Approve an Interlocal Agreement with
Roanoke for the reconstruction of Main within the Town of Westlake town limits.
f. Consider approval Resolution 13-14, Authorizing Staff to enter into negotiations
with Steele & Freeman, Inc. for construction manager at-risk services establishing
a Guaranteed Maximum Price for the Phase I of the Westlake Academy campus
expansion project.
g. Consider approval of Resolution 13-15, Awarding a bid to Humphrey &
Associates for the installation of the underground power utilities to the temporary
classroom buildings.
h. Consider approval of Resolution 13-16, Authorizing the Town Manager to reject
the bid from Mobile Modular for the purchase of three (3) temporary classroom
buildings.
Town of Westlake
Item # 3 –
Review of Consent
Agenda Items
REPORTS
Reports are prepared for informational purposes and will be accepted as presented.
(there will no presentations associated with the report items) There will be no separate discussion
unless a Council Member requests that report be removed and considered separately.
a. Report of Quarterly Financial Dashboard and Analysis as well as Capital Projects for
the Quarter ended March 31, 2013.
Town of Westlake
Item # 4–
Reports
Page 1 of 3
estlake Town Council
TYPE OF ACTION
Workshop - Report
Westlake Town Council Meeting
Monday, April 22, 2013
TOPIC: Report of Quarterly Financial Dashboard and Analysis as well as Capital
Projects for the Quarter ended March 31, 2013
STAFF CONTACT: Debbie Piper, Finance Director
DECISION POINTS
Start Date Completion Date
Timeframe: N/A N/A
Funding: Amount - N/A Status- N/A Source- N/A
Decision Alignment
VVM Perspective Desired Outcome
Exemplary
Governance
Financial
Stewardship
FS.Maintain Excellence in
Reporting and Financial
Standards
Strategic Issue Outcome
Strategy Staff Action
Fiscal Stewardship &
Organizational
Effectiveness
5. Budget according
to established
service level
provisions within
departments.
SA 05.2: Continually Monitor
Revenue and Expenditures
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 3
EXECUTIVE SUMMARY
The 2nd quarter “Dashboard” reports and “Analysis” for the FY 2012-13 are attached. Our goal
is to have a concise and easy to understand document regarding the financials of our three (3)
major funds: General Fund, Visitors Association Fund and the Utility Fund. The remaining
funds are a function of transfers in, related expenditures and transfers out; therefore, we have not
prepared quarterly reports for these funds.
We have also included an additional report related to the capital projects year-to-date expenses as
well as an update of the projects.
Please note on each individual fund’s report, you will see an “A”, and on the Utility Fund a “%”,
beside several revenue line items. The “A” indicates that specific “YTD Actual” line-items are
based on the accrual method. This means that revenue received after 03/31/13 but related to that
specific quarter, i.e. sales tax, franchise fees, hotel occupancy tax, etc. was added to the “YTD
Actual” for comparison to the budget. The “YTD Budget” is based on 6 months out of the 12
month budget; therefore, it’s reasonable to accrue the amount to show 3 months of actual
receipts.
In addition to accruing the water revenue receipts for the “YTD Actual”, the YTD Budget”
calculation has been changed from 6 months of the 12 month period to a much better
representation of that fund’s revenue. Because the majority of the water revenue is received in
the spring and summer (hotter, dryer months), the “YTD Budget” calculation is now being based
on the percentage of revenues received for the first six months of the prior year.
In review, these quarterly reports contain a “dashboard” display complete with major revenue
and expenditure categories. A comparison of the “YTD Budget” amount and the “YTD Actuals”
at 03/31/13 has been presented. The color green obviously means that we are good in those
specific line items when comparing “YTD Budget” to “YTD Actuals”. Any concerns between
these two areas show up as yellow (cautionary) or red (critical).
A summary is presented at the bottom of each fund page indicating the net revenues over (under)
expenditures along with the projected ending fund balances for the Adopted Budget, YTD
Budget as well as the YTD Actuals. The operating days remaining in Unrestricted Fund Balance
have been calculated using operating expenditures. Our Fiscal and Budgetary Policies state that
we will strive to maintain 90 days of operations.
Note the “Analysis” is color coded and corresponds to the specific line-item on the “Dashboard”
report. All “cautionary” and “critical” items are detailed with explanations of the variances. I
have explained several of the line-items that were greater (green) in revenue than we anticipated
helping you understand what specifically happened with that revenue line-item. I have also
prepared explanations for several expenditures that were considerably under budget so you may
see why these funds have not been expended. Beside each major category or department on the
explanation page, you will find a number that reflects the exact variance in that department/line-
item.
Page 3 of 3
ORGANIZATIONAL HISTORY/RECOMMENDATION
This report is being provided in keeping with the strategic plan which encourages financial
stewardship that is transparent and timely.
ATTACHMENTS
Quarterly Financial Dashboard and Analysis for the Quarter Ended 03/31/13 for the following
funds:
• General Fund
• Visitors Association Fund
• Utility Fund
Capital Improvements Update
4/16/2013
9:56 AM
TOWN OF WESTLAKE
General Fund
Quarterly Financial Dashboard
Quarter Ended 03/31/2013
FY 2012 FY2013
2 Quarter Annual Annual 2 Qtr 2 Quarter Actual vs over (under)
Actual Budget Budget Budget Actual Estimated budget
A General Sales Tax 1,257,439 2,490,000 2,490,000 1,241,589 1,456,658 117%215,069
A Property Tax 1,138,662 1,183,514 1,183,514 590,136 1,107,526 188%517,390
A Franchise Fees 285,074 664,925 664,925 331,552 204,210 62%(127,342)
Permits and Fees 263,565 476,150 476,150 237,423 319,698 135%82,275
Fines & Forfeitures 266,807 560,000 560,000 279,233 317,544 114%38,311
Contributions 162,500 - - - - 100%0
Misc Income 123,411 97,497 97,497 48,615 53,754 111%5,139
Total Revenues 3,497,459 5,472,086 5,472,086 2,728,547 3,459,390 127%730,843
Other Sources - Transfers In 29,220 46,519 46,519 23,196 18,395 79%(4,801)
3,526,679$ 5,518,605$ 5,518,605$ 2,751,743$ 3,477,785$ 126%726,043$
A Based on accrual method
FY 2012 FY2013
2 Quarter Annual Annual 2 Qtr 2 Quarter Actual vs over (under)
Actual Budget Budget Budget Actual Estimated budget
Payroll & Related Taxes, Insurance 1,041,882 2,152,907 2,152,907 1,073,504 1,056,854 98%(16,650)
Operations & Maintenance 891,077 2,149,977 2,149,977 1,072,043 1,069,867 100%(2,177)
Total Expenditures 1,932,959 4,302,884 4,302,884 2,145,548 2,126,721 99%(18,827)
Other Uses - Transfers Out 716,275 2,944,319 1,444,319 720,181 781,344 108%61,163
2,649,234$ 7,247,203$ 5,747,203$ 2,865,729$ 2,908,065$ 101%42,336$
FY 2012 FY2013
2 Quarter Annual Annual 2 Qtr 2 Quarter
Actual Budget Budget Budget Actual
3,526,679 5,518,605 5,518,605 2,751,743 3,477,785
2,649,234 7,247,203 5,747,203 2,865,729 2,908,065
877,445$ (1,728,599)$ (228,599)$ (113,986)$ 569,720$
3,323,861 4,383,390 4,383,390 4,383,390 4,383,390
Ending Fund Balance 4,201,306$ 2,654,791$ 4,154,791$ 4,269,404$ 4,953,110$
253,532 247,226 247,226 247,226 234,660
Unrestricted Fund Balance 3,947,774$ 2,407,565 3,907,565 4,022,178 4,718,450$
# of Operating Days 317 187 304 367
Daily Operating Cost $12,446 $12,869 $12,869 $12,869
DASHBOARD VARIANCEFY2013
ADOPTED REVENUES AND OTHER SOURCES
SUMMARY
Total Expenditures and Other Uses
FY2013
ADOPTED
FY2013
ADOPTED
EXPENDITURES AND OTHER USES
Total Revenues and Other Sources
**
FY2013 ESTIMATED BUDGET
FY2013 ESTIMATED BUDGET
FY2013 ESTIMATED BUDGET
Excess Revenues/Sources Over (Under)
Expenditures/Uses
Beginning Fund Balance (Audited)
Restricted Funds
Total Revenues and Other Sources
Total Expenditures and Other Uses
DASHBOARD VARIANCE
Positive >90%
Cautious 70% - 90%
Negative <70%
Revenue Legend
Positive <100%
Cautious 100% - 110%
Negative >110%
Expenditure Legend
EXEMPLARY
GOVERNANCE
Town Officials, both
Elected and Appointed,
exhibit Respect,
Stewardship, Vision,
and Transparency
SERVICE
EXCELLENCE
Public Service that is
Responsive and
Professional, while
balancing Efficiency,
Effectiveness and
Financial Stewardship
1
Town of Westlake
Dashboard Analysis for Quarter Ended 03-31-2013
GENERAL FUND
REVENUES AND OTHER SOURCES
SALES TAX INCOME +$215,069
o At 117% of budget
o YTD Estimated Budget is $1,241,589
o YTD Actual is $1,456,658
o Sales tax revenues are received from the State two months after paid;
therefore we use the accrual method and report when earned, not what was
received.
Have not received May 2013 payment yet (which would represent
March) – $316,043 received in prior year
o To-date Deloitte revenues total $201,527- budgeted $360K
Based on last quarterly report received from Deloitte, it appeared we
had received all our situs agreement funds and would be receiving
approximately $25,000/monthly in on-going revenue. The prior two
months receipts have been around $61K. When we receive their
quarterly report, we will be able to tell if this amount is on-going or
not. (50% of these funds are return to Deloitte based on economic
development agreement)
o To-date audit receipts total $74,390 (through April payment)
o To-date “Presumed” one-time payments total $301,128 – Budgeted $100K to
be conservative because we never know about these payments. Appears
there are a lot of one to two time payments from various contractors
regarding work done on the complex by Cassidy Turley. As always, we will
keep an eye of these amounts to verify they are truly one-time or short-time
receipts.
o Base sales tax has a 25% increase over prior year based on these first five
months of the fiscal year
PROPERTY TAX INCOME +$517,390
o At 188% of budget
o YTD Estimated Budget is $590,136
o YTD Actual is $1,107,526
Income is not distributed evenly over the fiscal year
Majority of taxes are received within 1st and 2nd quarters
To date collection rate = 93%
2
Town of Westlake
Dashboard Analysis for Quarter Ended 03-31-2013
GENERAL FUND
FRANCHISE FEE INCOME ($130,061)
o At 62% of budget
o YTD Estimated Budgeted $331,552
o YTD Actual $204,210
o 2nd quarter payments have not been received on the following:
AT&T - (Received $51,056 – 2nd quarter prior year)
Tri-County- (Received $68,293- 2nd quarter prior year)
Misc. Franchise Fees- (Received $12,024 – 2nd quarter prior year)
PERMITS AND FEES +$77,939
o At 135% of budget
o YTD Estimated Budget is $237,423
o YTD Actual is $319,698
o The Building and Planning department accounts for 93% ($72,522) of this
total:
Building permit revenues are over budget by $45,877 due to an
increase in new housing starts over what was our original
conservative budget. Per Eddie Edwards, we had anticipated the
increase but didn’t know when the permit applications would actually
be received by the Town. We have also permitted some large
residential remodel projects that were not anticipated.
Development fee revenues are over budget by $19,438 due to the
PD1 development in addition to unanticipated activity in minor plat
submittals, i.e. platting two lots into one and platting un-platted
home sites as a pre-cursor to getting building permits for remodeling
or additions. These additional revenues will be offset to some degree
by additional costs for engineering review and consultant fees.
FINES & FORFEITURES +82,272
o At 114% of budget
o YTD Estimated Budget is $279,233
o YTD Actual is $317,544
3
Town of Westlake
Dashboard Analysis for Quarter Ended 03-31-2013
GENERAL FUND
TRANSFERS IN ($4,801)
o At 79% of budget
o YTD Estimated Budgeted $23,196
o YTD Actual $18,395
Transfers in from Utility Fund for Impact Fees are under budget
$4,814. The YTD Budget is $18,699 and we have received $13,885
due to lower than expected number of new homes requesting meter
installations.
E XPENDITURES AND OTHER USES
PAYROLL WAGES & RELATED TAXES & INSURANCE ($16,650)
o YTD Estimated Budget is $1,073,504
o YTD Actual is $1,056,854
Employee increases are based on anniversary dates (and some have
not received their annual increase yet) this amount will increase as
the year goes on.
This cost is also affected by employee taxes and insurances costs and
will fluctuate as policies change; medical, dental, life, workers comp,
unemployment
OTHER USES - TRANSFERS OUT $61,163
o At 108% of budget
o YTD Estimated Budget is $720,181
o YTD Actual is $781,344
Transfers Out to Economic Development Fund $17,830
o At 200% of budget
o YTD Estimated Budget is $17,928
o YTD Actual is $35,758
o Annual payment processed in October
Transfers Out to Debt Service Fund $41,796
o At 123% of budget
o YTD Estimated Budget is $178,789
o YTD Actual is $220,586
o Payments are made twice a year in November and May
4
4/16/2013
9:57 AM
TOWN OF WESTLAKE
Quarterly Financial Dashboard
Quarter Ended 03/31/2013
FY 2012 FY2013
2 Quarter Annual 2nd Qtr 2 Quarter Actual vs over (under)
Actual Budget Budget Actual Adopted budget
A Hotel Occupancy Tax 215,747 540,350 269,435 298,529 111%29,094
Misc Income 10,320 21,550 10,745 12,189 113%1,444
226,067$ 561,900$ 280,180$ 310,718$ 111%30,538$
A Based on accrual method
FY 2012 FY2013
2 Quarter Annual 2nd Qtr 2 Quarter Actual vs over (under)
Actual Budget Budget Actual Adopted budget
Operations & Maintenance 87,666 249,202 124,260 102,967 83%(21,292)
Operating Transfers for Payroll 125,695 255,225 127,263 119,965 94%(7,298)
Other Uses - Transfers Out 48,198 192,711 96,092 46,315 48%(49,777)
261,560$ 697,138$ 347,614$ 269,247$ 77%(78,367)$
FY 2012 FY2013
2 Quarter Annual 2nd Qtr 2 Quarter
Actual Budget Budget Actual
226,067 561,900 280,180 310,718
261,560 697,138 347,614 269,247
(35,493)$ (135,238)$ (67,434)$ 41,471$
1,111,281 1,052,546 1,052,546 1,052,546
Ending Fund Balance 1,075,788$ 917,308$ 985,112$ 1,094,017$
182,396 183,692 183,692 183,692
Assigned Fund Balance 893,392$ 733,616$ 801,420$ 910,325$
# of Operating Days 685 531 659
Daily Operating Costs $1,303 $1,382 $1,382
Beginning Fund Balance (Audited)
Restricted Funds
Visitors Association Fund
Total Revenues and Other Sources
Total Expenditures and Other Uses
Excess Revenues/Sources Over (Under)
Expenditures/Uses
Total Expenditures and Other Uses
Total Revenues and Other Sources
EXPENDITURES AND OTHER USES
REVENUES AND OTHER SOURCES
FY2013 ADOPTED BUDGET
FY2013 ADOPTED BUDGET
SUMMARY
DASHBOARD VARIANCE
DASHBOARD VARIANCEFY2013 ADOPTED BUDGET
Positive >90%
Cautious 70% - 90%
Negative <70%
Color Legend
Positive <100%
Cautious 100% -110%
Negative >110%
Color Legend
EXEMPLARY
GOVERNANCE
Town Officials, both
Elected and Appointed,
exhibit Respect,
Stewardship, Vision,
and Transparency
SERVICE
EXCELLENCE
Public Service that is
Responsive and
Professional, while
balancing Efficiency,
Effectiveness and
Financial Stewardship
5
Town of Westlake
Dashboard Analysis for Quarter Ended 03-31-2013
VISITORS ASSOCIATION FUND
REVENUES AND OTHER SOURCES
HOTEL OCCUPANCY TAX INCOME +29,094
o At 111% of budget
o YTD Estimated Budget is $269,435
o YTD Actual is $298,529
o Received $42,682 from Deloitte Hotel Tax that wasn’t budgeted (averaging
$8K/monthly)
o Have not received March’s payments from either Marriott or Deloitte.
EXPENDITURES AND OTHER USES
OPERATIONS AND MAINTENANCE ($21,292)
o At 83% of budget
o YTD Estimated Budget is $124,260
o YTD Actual is $102,967
Records Management - $6,774
o Total Budget is $14,000
o At 197% of YTD budget
o YTD Estimated Budget is $6,981
o YTD Actual is $13,755
100% of invoice paid regarding LaserFiche
Marriott Marketing Expenditure ($19,945)
o Total Budget is $40,000
o At 0% of YTD budget
o YTD Estimated Budget is $19,945
o YTD Actual is $0
No invoices have been received from Marriott
We are awaiting the Marriott to present a different type of
marketing plan prior to paying anything based on the
Council’s January meeting discussion
6
Town of Westlake
Dashboard Analysis for Quarter Ended 03-31-2013
VISITORS ASSOCIATION FUND
Marriot Transportation ($20,000)
o Total budget $80,000
o At 50% of YTD budget
o YTD Estimated Budget is $40,000
o YTD Actual is $20,000
Received invoice for 2nd quarter but have not received for
1st quarter (Requested from Marriott)
OPERATING TRANSFERS FOR PAYROLL ($7,298)
o At 94% of budget
o YTD Estimated Budget is $127,263
o YTD Actual is $119,965
Amount transferred is in direct relation to payroll costs; because
employees’ adjustments are based on anniversary dates (and some
have not received their adjustment yet) this amount will increase as
the year goes on.
This cost is also affected by employee taxes and insurances costs and
will fluctuate as policies change; medical, dental, life, workers comp,
unemployment
OTHER USES - TRANSFERS OUT ($49,777)
o At 48% of budget
o YTD Estimated Budget is $96,092
o YTD Actual is $46,315
Transfers Out to Debt Service Fund ($49,790)
o At 46% of budget
o YTD Estimated Budget is $91,594
o YTD Actual is $41,805
o Payments on debt are made in November and May with the
principal payment being made in May
7
FY2012 FY2013
2 Quarter Annual Annual 2 Qtr 2 Quarter Actual vs over (under)
Actual Budget Budget Budget Actual Estimated budget
A%Water Revenues 621,234 2,059,000 2,059,000 574,107 841,224 147%267,117
A%Sewer/Waste Revenues 248,557 587,850 587,850 231,325 256,265 111%24,940
Tap/Impact Fee Revenues 40,794 60,835 60,835 30,334 26,250 87%(4,084)
Misc Revenues 26,579 99,434 111,534 55,614 34,485 62%(21,129)
Total Revenues 937,165 2,807,119 2,819,219 891,381 1,158,224 130%266,843
Other Sources - Transfers in - 2,000,000 500,000 250,000 250,000 100%(0)
Other Sources - Bond Proceeds - - 1,000,000 - - 100%0
Total Other Sources - 2,000,000 1,500,000 250,000 250,000 100%(0)
937,165$ 4,807,119$ 4,319,219$ 1,141,381$ 1,408,224$ 123%266,843$
A Based on accrual method
% Based on % of PY Actual at quarter-end
FY2012 FY2013 DASHBOARD VARIANCE
2 Quarter Annual Annual 2 Qtr 2 Quarter Actual vs over (under)
Actual Budget Budget Budget Actual Estimated budget
Water Purchases 291,348 1,110,600 1,110,600 291,348 255,432 88%(35,915)
Operations & Maintenance 516,573 1,028,661 1,028,661 572,200 576,451 101%4,251
Capital Projects 42,045 2,161,871 254,291 126,797 131,741 104%4,944
Total Expenses 849,965 4,301,132 2,393,552 990,345 963,625 97%(26,720)
Operating Transfer Out for Payroll 125,380 273,812 273,812 136,531 110,258 81%(26,273)
Other Uses - Transfers Out 49,710 87,500 87,500 43,630 38,885 89%(4,745)
Total Other Uses 175,091 361,312 361,312 180,161 149,143 83%(31,018)
1,025,056$ 4,662,444$ 2,754,864$ 1,170,506$ 1,112,768$ 95%(57,738)$
FY2012 FY2013
2 Quarter Annual Annual 2 Qtr 2 Quarter
Actual Budget Budget Budget Actual
937,165 4,807,119 4,319,219 1,141,381 1,408,224
1,025,056 4,662,444 2,754,864 1,170,506 1,112,768
(87,891)$ 144,675$ 1,564,355$ (29,125)$ 295,455$
3,103,441 3,587,807 3,587,807 3,587,807 3,587,807
Ending Fund Balance 3,015,550$ 3,732,482$ 5,152,162$ 3,558,682$ 3,883,262$
149,050 153,522 153,522 153,522 151,540
Unrestricted Fund Balance 2,866,500$ 3,578,961 4,998,641 3,405,160 3,731,722$
$2,383,730 $2,413,073 $2,413,073 $942,142
439 365 365 143
$6,531 $6,611 $6,611 $6,611
Total Operating Expenses (Annual)
# of Operating Days
Daily Operating Cost
TOWN OF WESTLAKE
Total Expenses and Other Uses
Excess Revenues/Sources Over (Under)
Expenditures/Uses
Beginning Fund Balance (Audited)
Restricted Funds
Total Revenues and Other Sources
28%
39%
FY2013 ESTIMATED BUDGET
Total Revenues and Other Sources
DASHBOARD VARIANCE
FY2013 ESTIMATED BUDGET
Utility Fund - 500
Quarterly Financial Dashboard
Quarter Ended 03/31/13
FY2013
ADOPTED REVENUES AND OTHER SOURCES
FY2013
ADOPTED
FY2013
ADOPTED
EXPENSES AND OTHER USES
26%
SUMMARY
Total Expenditures and Other Uses
FY2013 ESTIMATED BUDGET
Positive >90%
Cautious 70% - 90%
Negative <70%
Revenue Legend
Positive <100%
Cautious 101%- 110%
Negative >110%
Expense Legend
EXEMPLARY
GOVERNANCE
Town Officials, both
Elected and Appointed,
exhibit Respect,
Stewardship, Vision, and
Transparency
SERVICE
EXCELLENCE
Public Service that is
Responsive and
Professional, while
balancing Efficiency,
Effectiveness and
Financial Stewardship
8
Town of Westlake
Dashboard Analysis for Quarter Ending 03-31-2013
UTILITY FUND
REVENUES AND OTHER SOURCES
WATER REVENUES $267,117
o At 147% of budget
o YTD Estimated Budget is $574,107
o YTD Actual is $841,224
Continued drought has increased volume of water sold.
SEWER/WASTE REVENUES $24,940
o At 111% of budget
o YTD Estimated Budget is $231,325
o YTD Actual is $256,265
Sewer averages work in correlation with increased water usage and are
based on December, January and February consumption.
TAP/IMPACT FEE REVENUES( $4,084)
o At 87% of budget
o YTD Estimated Budget is $30,334
o YTD Actual is $26,250
Lower than expected number of new homes requesting meter
installations.
Water Tap Fees under budget $1,978
Impact Fees under budget $2,103
MISC REVENUES ($21,129)
o At 62% of budget
o YTD Estimated Budget is $55,614
o YTD Actual is $32,968
o Duct Bank lease revenue of $30,964 will be recognized in September 2013
(pertains to revenues received in prior years and in “Deferred Revenue” until
earned
o TRA Wastewater Settle-up is historically received in June of each year
9
Town of Westlake
Dashboard Analysis for Quarter Ending 03-31-2013
UTILITY FUND
TRANSFER IN
o At 100% of budget
o YTD Estimated Budget is $250,000
o YTD Actual is $250,000
Funding for the construction of a ground storage tank.
Transfers in from General Fund of $500K (Inter-fund Loan)
BOND PROCEEDS ($500,000)
o At 0% of budget
o YTD Estimated Budget is $500,000
o YTD Actual is $00
Funding for the construction of a ground storage tank.
Proceeds received in April, 2013
EXPENSES AND OTHER USES
OPERATIONS AND MAINTENANCE $4,251
o At 101% of budget
o YTD Estimated Budget is $572,200
o YTD Actual is $576,451
• Service Expense +$58,613
o At 123% of budget
o YTD Estimated Budget is $260,199
o YTD Actual is $318,812
TRA Wastewater Treatment expense is over budget $75,766
The adopted budget was approved prior to TRA’s adoption of their
new rates and Westlake’s proportional shared costs of system
operations. This amount is re-evaluated every June by TRA and our
proportional cost is adjusted to reflect the actual flows. Historically
the Town has received a reduction in our costs for the remainder of
their (TRA’s) fiscal year which ends December 31st.
10
Town of Westlake
Dashboard Analysis for Quarter Ending 03-31-2013
UTILITY FUND
• Repair & Maintenance ($20,096)
o At 72% of budget
o YTD Estimated Budget is $70,556
o YTD Actual is $50,460
All repair and maintenance is performed on as needed basis
PAYROLL TRANSFERS OUT ($26,273)
o At 81% of budget
o YTD Estimated Budget is $136,531
o YTD Actual is $110,258
Amount transferred is in direct relation to payroll costs; because
employees adjustments are based on anniversary dates (and some
have not received their adjustment yet) this amount will increase as
the year goes on.
This cost is also affected by employee taxes and insurances costs and
will fluctuate as policies change; medical, dental, life, workers comp,
unemployment
11
Town of Westlake
Update for Quarter Ended 03-31-13
CAPITAL PROJECTS UPDATE
TRANSPORATION PROJECTS
FM 1938 STREETSCAPE/WAYFINDING
o Adopted Annual Budget: $1,353,469
o Estimated Annual Budget: $1,006,923
o YTD Actual: $5,443
o Project-to-Date Expended: $943,519
o Project Completion: 21%
o Total Estimated Project Cost: $4,547,155
The median landscape project started in mid-December. During this time, the contractor has been
installing irrigation and planting trees and ornamental grasses. Over the coming weeks, the contractor
will continue planting trees and grass and pouring decorative concrete that will match the existing
pavement enhancements that are at our key intersections.
STREET SURVEY
o Adopted Annual Budget: $30,645
o Estimated Annual Budget: $30,765
o YTD Actual: $0.00
o Project-to-Date Expended: $49,235
o Project Completion: 62%
o Total Estimated Project Cost: $80,000
This project was completed during FY 11/12, however, staff extended the timeline to make any
modifications to the survey based on engineering analysis from the pavement failures within Stagecoach
Hills.
SH 114/HWY 170 ENHANCEMENTS
o Adopted Annual Budget: $345,460
o Estimated Annual Budget: $345,460
o YTD Actual: $224,433
o Project-to-Date Expended: $231,933
o Project Completion: 21%
o Total Estimated Project Cost: $1,079,900
This project is a joint regional effort between Westlake, Trophy Club, and Roanoke. The work will
include re-painting of the existing sound wall on the north side of SH 114, and the existing bridges at Lois
Street, Westlake Parkway, and Trophy Lake Drive to match the paint scheme at the FM 1938 and
Westlake Parkway bridges over SH114. We anticipate the painting work to begin summer 2013.
12
Town of Westlake
Update for Quarter Ended 03-31-13
CAPITAL PROJECTS UPDATE
STAGECOACH HILLS STREET RECONSTRUCTION AND DRAINAGE
o Adopted Annual Budget: $41,680
o Estimated Annual Budget: $84,974
o YTD Actual: $2,415
o Project-to-Date Expended: $416,341
o Project Completion: 83%
o Total Estimated Project Cost: $498,900
This project was completed in July 2012, however as you may recall, some significant cracking developed
in two sections of pavement. As indicated in our report to Council at the November 14th meeting, we
have filled the voids in the cracks and sealed them in mid-December per the design engineers’
recommendation. Additionally, we have and will be monitoring these repairs every 30 days.
NORTH ROANOKE ROAD RECONSTRUCTION AND DRAINAGE
o Adopted Annual Budget: $0.00
o Estimated Annual Budget: $35,058
o YTD Actual: $1,248
o Project-to-Date Expended: $161,980
o Project Completion: 83%
o Total Estimated Project Cost: $195,790
This project included the reconstruction of approximately 750 LF of 5” asphalt pavement and replacing a
narrow creek crossing.
DOVE ROAD RECONSTRUCTION AND DRAINAGE (VAQUERO – TERRA BELLA)
o Adopted Annual Budget: $221,995
o Estimated Annual Budget: $221,995
o YTD Actual: $0.00
o Project-to-Date Expended: $0.00
o Project Completion: 0%
o Total Estimated Project Cost: $626,940
This project includes reconstruction of approximately 6,500 LF of Dove Road, replace/improve
culverts/ditches, and the construction of sidewalks from FM 1938 to Glenwyck. Work has started on the
landscaping and tree planting projects on Dove and J. T. Ottinger Roads. Crews are installing the
irrigation with tree planting right behind.
13
Town of Westlake
Update for Quarter Ended 03-31-13
CAPITAL PROJECTS UPDATE
HWY 377 & WESTPORT PARKWAY SIGNAL
o Adopted Annual Budget: $25,000
o Estimated Annual Budget: $28,650
o YTD Actual: $28,649
o Project-to-Date Expended: $78,649
o Project Completion: 100%
o Total Estimated Project Cost: $78,650
This intersection is currently uncontrolled (does not have a traffic signal). This is a regional project
between Westlake, Tarrant County, Fort Worth, TxDOT, and Union Pacific Railroad that will include the
installation of traffic signals that will be operated and maintained by TxDOT. Westlake will be
responsible for 1/3 of the construction costs. We expect this TxDOT/UPR project to begin late summer
2013.
WESTLAKE PORTION OF HILLWOOD PROJECTS
o Adopted Annual Budget: $1,044,000
o Estimated Annual Budget: $1,030,442
o YTD Actual: $265,052
o Project-to-Date Expended: $364,699
o Project Completion: 32%
o Total Estimated Project Cost: $1,130,090
We were able to complete all of the street construction in time for the start of school. Since that time
the contractor has completed all of the trails from the Vaquero underpass to Westlake Academy. This
includes installation of a crosswalk at Westlake Academy and improving the drainage conditions at the
Vaquero underpass. While the entire section of sidewalk has been constructed, there are miscellaneous
items that the contractor will be working on. The landscaping/tree planting for Dove and Ottinger Roads
has begun. There will be approximately 500 trees planted along Dove and Ottinger Roads.
14
Town of Westlake
Update for Quarter Ended 03-31-13
CAPITAL PROJECTS UPDATE
PARK & TRAIL PROJECTS
TRAIL CONNECTION AT HWY 114 AND SOLANA
o Adopted Annual Budget: $15,000
o Estimated Annual Budget: $15,000
o YTD Actual: $0.00
o Project-to-Date Expended: $0.00
o Project Completion: 0%
o Total Estimated Project Cost: $15,000
Staff continues to work with Cassidy/Turley regarding the future development at the corner of Solana
Blvd and Hwy 114. In the fall of 2012 Cassidy/Turley received quotes on a crushed granite trail. Town
staff received pricing on concrete and the stated the Town would be willing to share in a portion of the
cost. The next monthly meeting is scheduled in May.
WESTLAKE ACADEMY NORTH DRIVEWAY LIGHTING
o Adopted Annual Budget: $40,000
o Estimated Annual Budget: $40,000
o YTD Actual: $0.00
o Project-to-Date Expended: $0.00
o Project Completion: 0%
o Total Estimated Project Cost: $40,000
This project entails combination light poles and bollard lighting along the north driveway of the
Westlake Academy campus. The work is under way and is schedule to be completed in May. The
electrical contractor has not been able the locate one of the underground sleeves on the west end of the
road. Staff has contacted the contractor who installs them and is working on locating it. Estimated
completion on the project is May 2013 due to the lead time on the light poles and bollards.
15
Town of Westlake
Update for Quarter Ended 03-31-13
CAPITAL PROJECTS UPDATE
FACILITY PROJECTS
WESTLAKE ACADEMY EXPANSION
o Adopted Annual Budget: $1,350,000
o Estimated Annual Budget: $1,300,000
o YTD Actual: $13,119
o Project-to-Date Expended: $49,518
o Project Completion: 1%
o Total Estimated Project Cost: $8,500,000
This project includes the following three buildings (Phase I) of the Facility Plan presented by BB&P and
adopted by the Town Council on November 12, 2012.
• Cafetorium (for use as a cafeteria, gymnasium and auditorium)
• Secondary classroom building
• Fieldhouse (containing locker rooms and storage space for athletic equipment
The RFQ for Westlake Academy Phase I Expansion project was published in the March 2nd and 3rd,
2013 edition of the Star-Telegram. We received four proposals on March 20th from the following firms:
1. Steele & Freeman- Fix Fee -1.90%
2. SEDALCO –Fix Fee - 5.50%
3. AUI-Fix Fee - 5.25%
4. Austin Commercial - Fix Fee -2.75%
Interviews with the CM at Risk firms began on March 27, 2013 and completed on April 2, 2013. A team
of Town Staff ranked each proposal based on experience in educational projects, team job experience,
delivering the CM at Risk method of delivery, current jobs and fees. The staff is recommending Steele &
Freeman as the CM at Risk contractor for the Westlake Academy Phase I campus expansion.
The next step is to engage Steele & Freeman in the design phase of the project. Once the drawing is at
80% to 90%, staff will start the negotiation process to establish a guaranteed maximum price for the
project. After a price is established an agreement will be presented to the Town Council for approval in
June.
16
Town of Westlake
Update for Quarter Ended 03-31-13
CAPITAL PROJECTS UPDATE
UTILITY FUND PROJECTS
TRA ASSUMPTION OF N-1 SEWER LINE
o Adopted Annual Budget: $127,338
o Estimated Annual Budget: $127,338
o YTD Actual: $21,824
o Project-to-Date Expended: $21,824
o Project Completion: 17%
o Total Estimated Project Cost: $127,338
As you may recall, Council approved a contract for sanitary sewer repair work in Vaquero at the April
2012 Council meeting. The repair work was TRA’s requirement to assume the N-1 sanitary sewer line
that is jointly owned by Westlake and Southlake. Staff has requested a meeting with TRA and Southlake
within the next couple of weeks to discuss our next steps to transfer the line. We anticipate the N1
Sewer Line Transfer Project to start in late summer 2013.
N-1 SEWER LINE INFLOW & INFILTRATION REPAIRS
o Adopted Annual Budget: $34,533
o Estimated Annual Budget: $34,533
o YTD Actual: $30,628
o Project-to-Date Expended: $201,750
o Project Completion: 98%
o Total Estimated Project Cost: $205,655
The contractor has completed location and repair of sanitary sewer clean-outs that were damaged or
buried during construction of the home or maintenance of landscape installation. Staff is working with
the engineer to provide completion documentation to TRA to facilitate the N-1 transfer process.
GROUND STORAGE TANK
o Adopted Annual Budget: $2,000,000
o Estimated Annual Budget: $50,000
o YTD Actual: $36,870
o Project-to-Date Expended: $39,958
o Project Completion: 3%
o Total Estimated Project Cost: $1,500,000
As you may recall, this project will consist of designing and constructing a new ground storage tank at
the existing pump station. We anticipate this tank will be a 1,000,000 gallon tank and will be needed to
augment services once Deloitte has become fully staffed. Maintenance (consisting of inspection and
cleaning) would not be expected until year two. We are currently in the engineering/design phase of
the project and anticipate a contract award date at a regular Council meeting in May or June 2013.
17
DISCUSSION ITEMS
a. Review and discussion of Westlake Academy Expansion Plans. (15 min)
b. Discussion regarding the construction manager at-risk services establishing a
guaranteed maximum price for the Phase One of the Westlake Academy campus
expansion project. (15 min)
c. Discussion of Emergency Preparedness; SA 12.2 Review Town and Academy
SOPs and emergency plans to maintain readiness. (15 min)
d. Discussion regarding the proposed zoning and Land Use plan amendments. (30
min)
****Supporting documentation for items b and d are located under the regular meeting
agenda.
Town of Westlake
Item # 5 –
Discussion Items
No Supporting Documentation
Information will be provided at the meeting.
Town of Westlake
Item # 5a – No
Supporting
documentation
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Workshop - Discussion Item
Westlake Town Council Meeting
Monday, April 22, 2013
TOPIC: Discussion of Emergency Preparedness; SA 12.2 Review Town and
Academy SOPs and emergency plans to maintain readiness.
STAFF CONTACT: Richard Whitten, Fire Chief
DECISION POINTS
Start Date Completion Date
Timeframe: Click here to enter a date.
N/A
Funding: Amount - N/A Status- N/A Source- N/A
There are no funding requirements for this action.
Decision Alignment
VVM Perspective Desired Outcome
Service Excellence Customer Focus CF.Promote Community Health,
Safety & Welfare
Strategic Issue Outcome
Strategy Staff Action
Public Safety and
Emergency
Preparedness
12. Plan and
inplement strategies
to enhance the
emergency
preparedness of the
residents and Town
facilities.
SA 12.2: Emergency Plans
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
Staff has been working on the Strategic Issue “Public Safety and Emergency
Preparedness”. This issue focuses on providing a safe community for our residents and business
partners. Late last year, we began the process of having all staff complete the National Incident
Management System (NIMS) classes, SA 12.1. This has been an ongoing process and should be
completed within the next few months. This was the first step in the Emergency Preparedness
process.
This discussion item focuses on the Town and Academy operating procedures (SA 12.2) as it
relates to emergency management. Over the next several months, staff will be working to
develop procedures that prepare staff for emergency management procedures. The overall
process will be lengthy to position the Town where we operate most efficiently. However, if an
incident occurred today, staff will react accordingly to meet that challenge.
Staff will present to Town Council in July a report of Emergency Operations Center
(EOC) components, SA 12.3. Recently, the Town implemented the CodeRED emergency
notification system. CodeRED was the first step for an emergency notification system. Another
component of the emergency notification system is an outdoor warning system.
ORGANIZATIONAL HISTORY/RECOMMENDATION
N/A
ATTACHMENTS
N/A
EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
b. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate
the appointment, employment, evaluation, reassignment, duties, of a public
officer or employee: Town Manager
Town of Westlake
Item # 6 –
Executive Session
Town of Westlake
Item # 7 – Reconvene
Meeting
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
b. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate
the appointment, employment, evaluation, reassignment, duties, of a public
officer or employee: Town Manager
Town of Westlake
Item # 8 – Take any
Necessary Action, if
necessary
COUNCIL RECAP / STAFF DIRECTION
Town of Westlake
Item #9
Council Recap /
Staff Direction
Town of Westlake
Item # 10 –
Workshop
Adjournment
Back up material has not
been provided for this item.
CITIZEN PRESENTATIONS AND RECOGNITIONS: 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.
National Day of Prayer Proclamation
Town of Westlake
Item # 2 – Citizen’s
Presentations and
recognitions
Town of Westlake Proclamation
National Day of Prayer
May 2, 2013
WHEREAS, public prayer and national days of prayer have a long and significant history in
American tradition dating back to the first call to prayer in 1775 when the Continental Congress asked
the colonies to pray for wisdom in forming a nation; and
WHEREAS, in 1952 the Congress of the United States by a joint resolution enacted legislation
setting aside an annual day of prayer for the nation, and in 1988 this law was amended permanently
setting the day as the first Thursday of every May; and
WHEREAS, the National Day of Prayer enables us to recall and teach the way in which our
forefathers sought the wisdom of God when faced with critical decisions, thus reaffirming the spiritual
principles upon which this nation was founded; and
WHEREAS, in these trying times, when the world is so unsettled and when many of our brave
citizens and members of the military are far from home, making great sacrifices and defending
freedom for those abroad and those here at home, we humbly ask God for their protection and pray for
peace throughout the world; and
WHEREAS, on this day Americans across our nation and state will join in united prayer to
acknowledge our dependence on God, to give Him thanks for blessings received, to request healing for
wounds endured, and to seek His guidance for our leaders and His grace and protection upon us as a
people and a nation;
WHEREAS, this year is the 62nd anniversary of the consecutive annual observance of the
National Day of Prayer, and its theme being “Pray for America”, based on Matthew 12:21 which says
“In His name the nations will put their hope”;
NOW, THEREFORE, I Laura Wheat, by the Power vested in me as Mayor of Westlake,
hereby proclaim Thursday, May 2, 2013, as
A DAY OF PRAYER IN WESTLAKE
And invite all in our town to observe this day in ways appropriate to its importance and significance as
a time for united prayer in our city.
Executed this __________ day of _____ 2013.
__________________________________________
Laura Wheat, Mayor
a. Consider approval of the minutes from the meeting held on March 25, 2013.
b. Consider approval of the minutes from the meeting held on April 2, 2013.
c. Consider approval of Resolution 13-11, Approving a Contract with Tarrant County
for Election Services.
d. Consider approval of Resolution 13-12, Entering into an Interlocal agreement to
participate in Tarrant County’s West Nile Virus surveillance and response program.
e. Consider approval of Resolution 13-13, Approve an Interlocal Agreement with
Roanoke for the reconstruction of Main within the Town of Westlake town limits.
f. Consider approval Resolution 13-14, Authorizing Staff to enter into negotiations
with Steele & Freeman, Inc. for construction manager at-risk services establishing
a Guaranteed Maximum Price for the Phase I of the Westlake Academy campus
expansion project.
g. Consider approval of Resolution 13-15, Awarding a bid to Humphrey &
Associates for the installation of the underground power utilities to the temporary
classroom buildings.
h. Consider approval of Resolution 13-16, Authorizing the Town Manager to reject
the bid from Mobile Modular for the purchase of three (3) temporary classroom
buildings.
Town of Westlake
Item # 3 –
Discussion of
Consent items
Town Council Minutes
03/25/13
Page 1 of 5
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL MEETING
March 25, 2013
PRESENT: Mayor Laura Wheat and Council Members, Michael Barrett, Carol Langdon, and
David Levitan. Clif Cox arrived at 5:29 p.m.
ABSENT: Rick Rennhack
OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards,
Assistant to the Town Manager Amanda DeGan, Town Attorney
Stan Lowry, Finance Director Debbie Piper, Planning and
Development Director Eddie Edwards, Facilities and Recreation
Director Troy Meyer, Fire Chief Richard Whitten and Management
Inter Alora Wachholz.
Workshop Session
1. CALL TO ORDER
Mayor Wheat called the workshop to order at 5:23 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Wheat led the pledge of allegiance to the United States and Texas flags.
3. REVIEW OF CONSENT AGENDA ITEMS FOR THE MARCH 25, 2013, TOWN
COUNCIL REGULAR MEETING AGENDA.
Mayor Wheat asked that the February 25, 2013, reflect the following additional statement
with Mrs. Bea Ann Arthur’s comments: (petition purportedly reflected property ownership
of 20% within 200 foot notification area that was in opposition of the zoning request).
Mayor Wheat recommended that the timing for Ordinance 698 be amended to reflect the
hours of 7:30 – 8:15 a.m.
Town Council Minutes
03/25/13
Page 2 of 5
4. DISCUSSION AND PRESENTATION BY SUSAN YOUNG FROM SENATOR KELLY
HANCOCK’S OFFICE.
Ms. Susan Young from Senator Handcock’s office introduced herself to the Council.
Discussion ensued regarding legislation that Senator Handcock is proposing, bills that
reduce local control, proposed gambling bill related to education, public education
funding, and caps on residential values.
5. EXECUTIVE SESSION
The Council convened into executive session at 5:40 p.m.
a. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate
the appointment, employment, evaluation, reassignment, duties, of a public
officer or employee: Town Manager
b. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
6. RECONVENE MEETING
Mayor Wheat reconvened the meeting at 6:41 p.m.
7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
No action taken.
8. COUNCIL RECAP / STAFF DIRECTION
No additional direction provided.
9. ADJOURNMENT
Mayor Wheat adjourned the workshop at 6:41 p.m.
Regular Session
1. CALL TO ORDER
Mayor Wheat called the meeting to order at 6:41 p.m.
Town Council Minutes
03/25/13
Page 3 of 5
2. CITIZEN PRESENTATIONS AND RECOGNITIONS
Fire Chief Danny Thomas provided an overview of an Emergency Medical call that was
routed to the Westlake Fire and EMS due to the Trophy Club ambulance being on another
call.
Chief Thomas presented an award to Tommy Villines and Brian Phillips for efforts which
resulted in saving a four (4) year old child’s life.
Mr. Mark McDaniel presented an ICMA Award regarding Community Sustainability that
recognizes innovative local government programs or processes that creatively balance a
community's social, economic, environmental, and cultural needs to the Mayor Wheat for
the Town of Westlake and to Town Manager Brymer.
Facilities and Recreation Director Meyer recognized Mrs. Trish Landers and thank her for
publicizing and organizing Arbor Day. Director Meyer also provided an overview of the
activities that will be occurring at the event.
3. CONSENT AGENDA
a. Consider approval of the minutes from the meeting held on December 3, 2012.
b. Consider approval of the minutes from the meeting held on December 7, 2012.
c. Consider approval of the minutes from the meeting held on February 25, 2013.
d. Consider approval of Ordinance 698, Expanding the School Zone.
e. Consider approval of Resolution 13-10, Appointing a member to the Historical
Preservation Society.
MOTION: Council Member Levitan made a motion to approve items a, b, c
and e of the consent agenda to include a clarification to February
25, 2013, minutes as discussed. Council Member Langdon
seconded the motion. The motion carried by a vote of 4-0.
MOTION: Council Member Langdon made a motion to approve item e,
Ordinance 698, to include amending the times to reflect the hours
of 7:30 a.m. to 8:15 a.m. Council Member Barrett seconded the
motion. The motion carried by a vote of 4-0.
4. CONSIDER APPROVAL OF ORDINANCE 699, AMENDING THE WATER AND
WASTEWATER RATES.
Public Works Director Greenwood provided a presentation and overview of the proposed
rate changes.
Town Council Minutes
03/25/13
Page 4 of 5
Discussion ensued regarding the cost differential of commercial and residential users,
adjustments to the frac rates, that the proposed rate would be calculated using April
consumptions, and residential feedback.
MOTION: Council Member Barrett made a motion to approve Ordinance
699. Council Member Cox seconded the motion. The motion
carried by a vote of 4-0.
5. EXECUTIVE SESSION
The Council convened into executive session at 7:04 p.m.
a. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate
the appointment, employment, evaluation, reassignment, duties, of a public
officer or employee: Town Manager
b. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
6. RECONVENE MEETING
Mayor Wheat reconvened the meeting at 9:05 p.m.
7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
No action taken.
8. FUTURE AGENDA ITEMS
- None
9. STRATEGIC ISSUES CALENDAR
10. COUNCIL CALENDAR
Town Council Minutes
03/25/13
Page 5 of 5
11. ADJOURNMENT
There being no further business before the Council, Mayor Wheat asked for a motion to
adjourn the meeting.
MOTION: Council Member Cox made a motion to adjourn the meeting.
Council Member Langdon seconded the motion. The motion
carried by a vote of 4-0.
Mayor Wheat adjourned the meeting at 9:05 p.m.
APPROVED BY THE TOWN COUNCIL ON APRIL 22, 2013.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Town Council Minutes
04/02/13
Page 1 of 3
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL MEETING
April 2, 2013
PRESENT: Mayor Laura Wheat and Council Members, Michael Barrett, Clif Cox, Carol
Langdon, David Levitan and Rick Rennhack.
ABSENT:
OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards,
Finance Director Debbie Piper, Facilities and Recreation Director
Troy Meyer and Public Works Director Jarrod Greenwood.
Special Session
1. CALL TO ORDER
Mayor Wheat called the meeting to order at 7:14 p.m.
2. CONSIDER ORDINANCE 700, AUTHORIZING THE ISSUANCE AND SALE OF
TOWN OF WESTLAKE, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES
OF OBLIGATION, SERIES 2013; LEVYING AN ANNUAL AD VALOREM TAX AND
PROVIDING FOR THE SECURITY FOR AND PAYMENT OF SAID CERTIFICATES;
APPROVING THE OFFICIAL STATEMENT; PROVIDING AN EFFECTIVE DATE; AND
ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT.
Finance Director Piper provided an overview of the issuance proposal.
Town Manager Brymer provided an overview of the projects which the certificates of
obligation will finance.
Mr. Tom Lawrence, Lawrence Financial, L.L.P. and Mr. Leroy Grawunder, Jr. , Bond
Counsel, McCall, Parkhurst & Horton, L.L.P. Funds available on 4/30
Town Council Minutes
04/02/13
Page 2 of 3
MOTION: Council Member Barrett made a motion to approve Ordinance
700. Council Member Levitan seconded the motion. The motion
carried by a vote of 5-0.
3. CONSIDER APPROV AL OF ORDINANCE 701, RESCINDING ORDINANCE 698 TO
CHANGE THE ESTABLISHED SCHOOL ZONE TIMES AND DISTANCE.
Public Works Director Greenwood provided an overview of the ordinance.
MOTION: Council Member Cox made a motion to approve Ordinance 701.
Council Member Langdon seconded the motion. The motion carried
by a vote of 5-0.
4. EXECUTIVE SESSION
The Council convened into Executive Session at 7:27 p.m.
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate
the appointment, employment, evaluation, reassignment, duties, of a public
officer or employee: Town Manager
Council Member Langdon left the meeting at 9:00 p.m.
5. RECONVENE MEETING
Mayor Wheat reconvened the meeting at 10:27 p.m.
6. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
MOTION: Council Member Levitan made a motion to increase the Town
Managers compensation to include the Town incur the cost of
dependent dental and health care coverage, increase on an
annual basis the contribution to his deferred compensation
amount by $1,000.00 and to provide for a $5,000.00 spousal
travel allowance to be used as necessary. Council Member Cox
seconded the motion. The motion carried by a vote of 4-0.
Town Council Minutes
04/02/13
Page 3 of 3
7. ADJOURNMENT
There being no further business before the Council, Mayor Wheat asked for a motion to
adjourn the meeting.
MOTION: Council Member Rennhack made a motion to adjourn the meeting.
Council Member Barrett seconded the motion. The motion carried
by a vote of 4-0.
Mayor Wheat adjourned the meeting at 10:28 p.m.
APPROVED BY THE TOWN COUNCIL ON APRIL 22, 2013.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Workshop - Report
Westlake Town Council Meeting
Monday, April 22, 2013
TOPIC: Consider approval of Resolution approving a Joint Election contract with
Tarrant County for election services.
STAFF CONTACT: Kelly Edwards, Town Secretary
DECISION POINTS
Start Date Completion Date
Timeframe: 04/02/2013 05/11/2013
Funding: Amount - $4,848.00 Status- Funded Source- General Fund
Decision Alignment
VVM Perspective Desired Outcome
Exemplary
Governance Customer Focus CF.Promote Best Practice Policy
Governance
Strategic Issue Outcome
Strategy Staff Action
N/A N/A N/A
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
At the January 28, 2013, meeting, the Council ordered both a general and special election to be
held on May 11, 2013. The general election is to elect three (3) Council Members for two (2)
year terms expiring May 2015. The special election is to elect one Council Member for an
unexpired term expiring May 2014.
Westlake must contract with both Denton and Tarrant Counties for elections. At the February
25, 2013, Council approved a contract with Denton County to provide election services for
Westlake residents living in Denton County.
It is recommended that the Town contract with the County to provide the necessary equipment,
programming, and staff to conduct the election. Contracting with the County will also improve
voter accessibility by opening the door to the many Tarrant County early voting locations located
throughout the County.
Tarrant County has established a polling location in the Town of Westlake during early voting
and on Election Day for residents living in Tarrant County.
Tarrant County residents may vote at any polling location during early voting. Denton County
residents may vote at any location in Denton County or at the Savyo Municipal Building in
Trophy Club.
Additional information including days, hours and locations may be accessed from the Town’s
website under Election Information.
ORGANIZATIONAL HISTORY/RECOMMENDATION
Approve the contract with Tarrant County for elections services
ATTACHMENTS
Resolution
Joint Contract
Resolution 13-11
Page 1 of 1
TOWN OF WESTLAKE
RESOLUTION NO. 13-11
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
AUTHORIZING THE MAYOR TO ENTER INTO A JOINT ELECTION AGREEMENT
WITH TARRANT COUNTY FOR THE GENERAL ELECTION TO BE HELD ON
MAY 11, 2013.
WHEREAS, the Town of Westlake will conduct a General Election on May 11, 2013; and
WHEREAS, the Westlake Town Council recognizes to reduce the overall cost to each
entity that said elections be held jointly on May 11, 2013; and
WHEREAS, the Town of Westlake desires to select the Tarrant County Elections
Administrator to conduct and coordinate the joint elections for the residents of Westlake that live in
Tarrant County.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1: The parties hereto agree to hold an election jointly on May 11, 2013, from
7:00 a.m. until 7:00 p.m. in accordance with Section 271.002, Texas Election Code, and that said
election will be conducted jointly pursuant to the terms of this agreement, attached as Exhibit “A”.
SECTION 2: If any portion of this Resolution shall, for any reason, be declared invalid by
any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof
and the Council hereby determines that it would have adopted this Resolution without the invalid
provision.
SECTION 3: That this resolution shall become effective from and after its date of passage.
PASSED AND APPROVED ON THIS 22nd DAY OF APRIL 2013.
ATTEST:
_______________________________
____________________________ Laura L. Wheat, Mayor
Kelly Edwards, Town Secretary
APPROVED AS TO FORM: _______________________________
Thomas E. Brymer, Town Manager
____________________________
L. Stanton Lowry, Town Attorney
Page 10 of 10
XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL
IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as follows, to-wit:
(1) It has on the _______ day of _______________, 2013 been executed by the Tarrant County Elections
Adm inistrator pursuant to the Texas Election Code so authorizing;
(2) It has on the _______ day of _______________, 2013 been executed on behalf of the Town of Westlake
pursuant to an action of the Town of Westlake so authorizing;
ACCEPTED AND AGREED TO BY THE TARRANT COUNTY ELECTIONS ADMINISTRAT OR:
APPROVED:
___________________________________________
STEVE RABORN
ACCEPTED AND AGREED TO BY THE Town of Westlake:
APPROVED: ATTEST:
___________________________________________ __________________________________________
Laura Wheat, Mayor Kelly Edwards, Town Secretary
THE STATE OF TEXAS
COUNTY OF TARRANT
JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES
THIS CONTRACT for election services is made by and between the Tarrant County Elections Administrator and
the following political subdivisions located entirely or partially inside the boundaries of Tarrant County:
City of Arlington
City of Azle
City of Bedford
City of Crowley
City of Dalworthington Gardens
City of Euless
City of Everman
Forest Hill Library District
City of Fort Worth
City of Grand Prairie
City of Grapevine
City of Haltom City
City of Hurst
City of Keller
Town of Lakeside
City of Lake Worth
Town of Pantego
City of Pelican Bay
City of River Oaks
City of Saginaw
City of Sansom Park
City of Watauga
Town of Westlake
Arlington Independent School District
Azle Independent School District
Birdville Independent School District
Carroll Independent School District
Castleberry Independent School District
Crowley Independent School District
Eagle Mountain-Saginaw Independent School District
Everman Independent School District
Fort Worth Independent School District
Hurst-Euless-Bedford Independent School District
Keller Independent School District
Kennedale Independent School District
Mansfield Independent School District
Northwest Independent School District
Tarrant Regional Water District
This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas Education Code
Section 11.0581 for a joint May 11, 2013 election to be administered by Steve Raborn, Tarrant County Elections
Administrator, hereinafter referred to as “Elections Administrator.”
RECITALS
Each participating authority listed above plans to hold a general and/or special election on May 11, 2013.
The County owns an electronic voting system, the Hart InterCivic eSlate/eScan Voting System (Version 6.2.1),
which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is
compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.012.
The contracting political subdivisions desire to use the County’s electronic voting system and to compensate the County
for such use and to share in certain other expenses connected with joint elections in accordance with the applicable
provisions of Chapters 31 and 271 of the Texas Election Code, as amended.
NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS
AGREED as follows:
Page 1 of 10
Page 2 of 10
I. ADMINISTRATION
The parties agree to hold a “Joint Election” with each other in accordance with Chapter 271 of the Texas Election
Code and this agreement. The Tarrant County Elections Administrator shall coordinate, supervise, and handle all aspects
of administering the Joint Election as provided in this agreement. Each participating authority agrees to pay the Tarrant
County Elections Administrator for equipment, supplies, services, and administrative costs as provided in this agreement.
The Tarrant County Elections Administrator shall serve as the administrator for the Joint Election; however, each
participating authority shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct
of its election. The Elections Administrator shall provide advisory services in connection with decisions to be made and
actions to be taken by the officers of each participating authority as necessary.
It is understood that other political subdivisions may wish to participate in the use of the County’s electronic voting
system and polling places, and it is agreed that the Elections Administrator may enter into other contracts for election
services for those purposes on terms and conditions generally similar to those set forth in this contract. In such cases,
costs shall be pro-rated among the participants according to Section XI of this contract.
At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The
participating parties shall share a mutual ballot in those polling places where jurisdictions overlap. However, in no instance
shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is
ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap.
II. LEGAL DOCUMENTS
Each participating authority shall be responsible for the preparation, adoption, and publication of all required
election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or the
participating authority’s governing body, charter, or ordinances, except that the Elections Administrator shall be
responsible for the preparation and publication of all voting system testing notices that are required by the Texas Election
Code.
Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each
participating authority, including translation to languages other than English. Each participating authority shall provide a
copy of their respective election orders and notices to the Tarrant County Elections Administrator.
The Elections Administrator shall prepare a submission, on behalf of all participating authorities, to the United
States Department of Justice for preclearance of the joint election procedures and polling places, pursuant to the Voting
Rights Act of 1965, as amended. The Elections Administrator will provide to each participating authority a photocopy of
the joint submission and any correspondence from the Department of Justice.
The joint submission prepared by the Elections Administrator will not include submission of information for any
special elections held by the participating authorities. Participating authorities are hereby notified and encouraged to
prepare their own submissions to the United States Department of Justice for special election procedures, or any changes
that are specific to their own political subdivision.
By signing this agreement, each participating authority certifies that it has no unresolved preclearance or
voting rights issues known to it that would preclude or delay Department of Justice preclearance of the joint
election.
The Elections Administrator will file an amended submission to the United States Department of Justice in the
event that any polling places are changed after the original submission is filed, including changes resulting from the
withdrawal of one or more participating authorities pursuant to Section XII of this contract.
Page 3 of 10
III. VOTING LOCATIONS
The Elections Administrator shall select and arrange for the use of and payment for all election day voting
locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections
conducted by each participating city, and shall be compliant with the accessibility requirements established by Election
Code Section 43.034 and the Americans with Disabilities Act (ADA). The proposed voting locations are listed in
Attachment A of this agreement. In the event that a voting location is not available or appropriate, the Elections
Administrator will arrange for use of an alternate location with the approval of the affected participating authorities. The
Elections Administrator shall notify the participating authorities of any changes from the locations listed in Attachment A.
If polling places for the May 11, 2013 joint election are different from the polling place(s) used by a participating
authority in its most recent election, the authority agrees to post a notice no later than May 10, 2013 at the entrance to any
previous polling places in the jurisdiction stating that the polling location has changed and stating the political subdivision’s
polling place names and addresses in effect for the May 11, 2013 election. This notice shall be written in both the English
and Spanish languages.
IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL
Tarrant County shall be responsible for the appointment of the presiding judge and alternate judge for each polling
location. The Elections Administrator shall make emergency appointments of election officials if necessary.
Upon request by the Elections Administrator, each participating authority agrees to assist in recruiting polling place
officials who are bilingual (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of 1965,
as amended, each polling place containing more than 5% Hispanic population as determined by the 2010 Census shall
have one or more election official who is fluent in both the English and Spanish languages. If a presiding judge is not
bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for the
polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the participating authority
or authorities served by that polling place shall be responsible for recruiting a bilingual worker for translation services at
that polling place.
The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of
Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for
the Joint Election are eligible to serve.
The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The
Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election
supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying him of his
appointment, the time and location of training and distribution of election supplies, and the number of election clerks that
the presiding judge may appoint.
Each election judge and clerk will receive compensation at the hourly rate established by Tarrant County pursuant
to Texas Election Code Section 32.091. The election judge will receive an additional sum of $25.00 for picking up the
election supplies prior to election day and for returning the supplies and equipment to the central counting station after the
polls close.
Election judges and clerks who attend voting equipment training and/or procedures training shall be compensated
at the same hourly rate that they are to be paid on election day.
The Elections Administrator may employ other personnel necessary for the proper administration of the election,
including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during
early voting and on election day, and for the efficient tabulation of ballots at the central counting station. Part-time
personnel working as members of the Early Voting Ballot Board and/or central counting station on election night will be
compensated at the hourly rate set by Tarrant County in accordance with Election Code Sections 87.005, 127.004, and
127.006.
Page 4 of 10
V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT
The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited
to, official ballots, sample ballots, voter registration lists, and all forms, signs, maps and other materials used by the
election judges at the voting locations. The Elections Administrator shall ensure availability of tables and chairs at each
polling place and shall procure rented tables and chairs for those polling places that do not have tables and/or chairs.
At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The
participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance
shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is
ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap.
The Elections Administrator shall provide the necessary voter registration information, maps, instructions, and other
information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a
proper election.
Each participating authority shall furnish the Elections Administrator a list of candidates and/or propositions
showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official
ballot (including titles and text in each language in which the authority’s ballot is to be printed). Each participating authority
shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority’s candidates and/or
propositions.
The joint election ballots that contain ballot content for more than one joint participant because of overlapping
territory shall be arranged in the following order: Independent School District, City, Water District(s), College District, and
other political subdivisions.
Early Voting by Personal Appearance shall be conducted exclusively on Tarrant County’s eSlate electronic voting
system. On election day, voters shall have a choice between voting on the eSlate electronic voting system or by a paper
ballot that is scanned at the polling place using Tarrant County’s eScan voting system. Provisional ballots cast on election
day will be cast only on the eSlate electronic voting system to prevent the possibility of paper provisional ballots from being
immediately counted via the eScan ballot scanner.
The number of paper ballots printed for election day voting shall be, at a minimum, equal to the same election day
turnout as in the last comparable election plus 25 percent of that number, with the final number of ballots ordered per
polling place or precinct adjusted upward to end in a number divisible by 50.
The Elections Administrator shall be responsible for the preparation, testing, and delivery of the voting equipment
for the election as required by the Election Code.
The Elections Administrator shall conduct criminal background checks on relevant employees upon hiring as
required by Election Code Section 129.051(g).
VI. EARLY VOTING
The participating authorities agree to conduct joint early voting and to appoint the Election Administrator as the
Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each participating
authority agrees to appoint the Elections Administrator’s permanent county employees as deputy early voting clerks. The
participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to assist
in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at
an hourly rate set by Tarrant County pursuant to Section 83.052 of the Texas Election Code. Deputy early voting clerks
who are permanent employees of the Tarrant County Elections Administrator or any participating authority shall serve in
that capacity without additional compensation.
Page 5 of 10
Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment “B” of this
document. Any qualified voter of the Joint Election may vote early by personal appearance at any of the joint early voting
locations.
As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by
mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted
by mail received by the participating authorities shall be forwarded immediately by fax or courier to the Elections
Administrator for processing.
The Elections Administrator shall post on the county website each participating authority’s early voting report on a
daily basis and a cumulative final early voting report following the close of early voting. In accordance with Section
87.121(g) of the Election Code, the daily reports showing the previous day’s early voting activity will be posted to the
county website no later than 8:00 AM each business day.
VII. EARLY VOTING BALLOT BOARD
Tarrant County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint
Election. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional
members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to
efficiently process the early voting ballots.
VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS
The Elections Administrator shall be responsible for establishing and operating the central and remote counting
stations to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this
agreement.
The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas
Election Code, appoint the following central counting station officials:
Counting Station Manager: Steve Raborn, Tarrant County Elections Administrator
Tabulation Supervisor: Stephen Vickers, Tarrant County Elections Operations Manager
Presiding Judge: Elouise Kennedy
Alternate Judge: Emma Allen
The counting station manager or his representative shall deliver timely cumulative reports of the election results as
precincts report to the central and remote counting stations and are tabulated. The manager shall be responsible for
releasing unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press, and
general public by distribution of hard copies at the central counting station and by posting to the Tarrant County web site.
To ensure the accuracy of reported election returns, results printed on the tapes produced by Tarrant County’s voting
equipment will not be released to the participating authorities at the remote collection sites or by phone from individual
polling locations.
The Elections Administrator will prepare the unofficial canvass reports that are necessary for compliance with
Election Code Section 67.004 after all precincts have been counted, and will deliver a copy of these unofficial canvass
reports to each participating authority as soon as possible after all returns have been tabulated. Each participating
authority shall be responsible for the official canvass of its respective election(s).
The Elections Administrator will prepare the electronic precinct-by-precinct results reports for uploading to the
Secretary of State as required by Section 67.017 of the Election Code. The Elections Administrator agrees to upload
these reports for each participating authority unless requested otherwise.
Page 6 of 10
The Elections Administrator shall be responsible for conducting the post-election manual recount required by
Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies
of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State’s Office.
IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE TARRANT COUNTY
Each participating authority with territory containing population outside Tarrant County agrees that the Elections
Administrator shall administer only the Tarrant County portion of those elections.
The Elections Administrator is not responsible for conducting the Northwest ISD election in the Tarrant County
territory within the Town of Trophy Club. Northwest ISD agrees to contract for election services with Denton County for its
Tarrant County voters in Trophy Club.
X. RUNOFF ELECTIONS
Each participating authority shall have the option of extending the terms of this agreement through its runoff
election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless
the participating authority notifies the Elections Administrator in writing within 3 business days of the original election.
Each participating authority shall reserve the right to reduce the number of early voting locations and/or election
day voting locations in a runoff election. If necessary, any voting changes made by a participating authority between the
original election and the runoff election shall be submitted by the authority making the change to the United States
Department of Justice for the preclearance required by the Federal Voting Rights Act of 1965, as amended.
Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the
May 11, 2013 election and to conduct its drawing for ballot positions at or immediately following such meeting in order to
expedite preparations for its runoff election.
Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if necessary,
shall be Saturday, June 15, 2013.
XI. ELECTION EXPENSES AND ALLOCATION OF COSTS
The participating authorities agree to share the costs of administering the Joint Election. Allocation of costs,
unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the average
cost per election day polling place (unit cost) as determined by adding together the overall expenses and dividing the
expenses equally among the total number of polling places. Costs for polling places shared by more than one participating
authority shall be pro-rated equally among the participants utilizing that polling place.
It is agreed that charges for election day judges and clerks and election day polling place rental fees shall be
directly charged to the appropriate participating authority rather than averaging those costs among all participants.
If a participating authority’s election is conducted at more than one election day polling place, there shall be no
charges or fees allocated to the participating authority for the cost of election day polling places in which the authority has
fewer than 50% of the total registered voters served by that polling place, except that if the number of registered voters in
all of the authority’s polling places is less than the 50% threshold, the participating authority shall pay a pro-rata share of
the costs associated with the polling place where it has the greatest number of registered voters.
Costs for Early Voting by Personal Appearance shall be allocated based upon the actual costs associated with
each early voting site. Each participating authority shall be responsible for a pro-rata portion of the actual costs associated
with the early voting sites located within their jurisdiction. Participating authorities that do not have a regular (non-
temporary) early voting site within their jurisdiction shall pay a pro-rata portion of the nearest regular early voting site.
Page 7 of 10
Birdville ISD agrees to pay the entire cost for Early Voting by Personal Appearance at the W. G. Thomas
Colisuem, the Birdville ISD Fine Arts/Athletics Complex, and at all of its school campus locations.
Costs for Early Voting by Mail shall be allocated according to the actual number of ballots mailed to each
participating authority’s voters.
Participating authorities having the majority of their voters in another county, and fewer than 500 registered voters
in Tarrant County, and that do not have an election day polling place or early voting site within their Tarrant County territory
shall pay a flat fee of $400 for election expenses.
Each participating authority agrees to pay the Tarrant County Elections Administrator an administrative fee equal
to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code.
The Tarrant County Elections Administrator shall deposit all funds payable under this contract into the appropriate
fund(s) within the county treasury in accordance with Election Code Section 31.100.
XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION
Any participating authority may withdraw from this agreement and the Joint Election should it cancel its election in
accordance with Sections 2.051 - 2.053 of the Texas Election Code. The withdrawing authority is fully liable for any
expenses incurred by the Tarrant County Elections Administrator on behalf of the authority plus an administrative fee of ten
percent (10%) of such expenses. Any monies deposited with the Elections Administrator by the withdrawing authority shall
be refunded, minus the aforementioned expenses and administrative fee if applicable.
It is agreed that any of the joint election early voting sites that are not within the boundaries of one or more of the
remaining participating authorities, with the exception of the early voting site located at the Tarrant County Elections
Center, may be dropped from the joint election unless one or more of the remaining participating authorities agree to fully
fund such site(s). In the event that any early voting site is eliminated under this section, an addendum to the contract shall
be provided to the remaining participants within five days after notification of all intents to withdraw have been received by
the Elections Administrator.
XIII. RECORDS OF THE ELECTION
The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint
Election as authorized by Section 271.010 of the Texas Election Code.
Access to the election records shall be available to each participating authority as well as to the public in
accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election
records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county
records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records
are clearly identifiable and retrievable.
Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of
the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or
open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment,
whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the Elections
Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed
with the participating authority.
Page 8 of 10
XIV. RECOUNTS
A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the
presiding officer of the contracting participating authority agrees that any recount shall take place at the offices of the
Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the participating
authority’s official or employee who performs the duties of a secretary under the Texas Election Code shall serve as
Recount Coordinator.
The Elections Administrator agrees to provide advisory services to each participating authority as necessary to
conduct a proper recount.
XV. MISCELLANEOUS PROVISIONS
1. It is understood that to the extent space is available, other districts and political subdivisions may wish to
participate in the use of the County’s election equipment and voting places, and it is agreed that the
Elections Administrator may contract with such other districts or political subdivisions for such purposes
and that in such event there may be an adjustment of the pro-rata share to be paid to the County by the
participating authorities.
2. The Elections Administrator shall file copies of this document with the Tarrant County Judge and the
Tarrant County Auditor in accordance with Section 31.099 of the Texas Election Code.
3. Nothing in this contract prevents any party from taking appropriate legal action against any other party
and/or other election personnel for a breach of this contract or a violation of the Texas Election Code.
4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all
obligations of the parties created hereunder are performable in Tarrant County, Texas.
5. In the event that one or more of the provisions contained in this Agreement shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not
affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local
governments, and any other entities with local jurisdiction.
7. The waiver by any party of a breach of any provision of this agreement shall not operate as or be
construed as a waiver of any subsequent breach.
8. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto.
XVI. COST ESTIMATES AND DEPOSIT OF FUNDS
The total estimated obligation for each participating authority under the terms of this agreement is listed below.
Each participating authority agrees to pay the Tarrant County Elections Administrator a deposit of approximately 75% of
this estimated obligation within 15 days after execution of this agreement. The exact amount of each participating
authority’s obligation under the terms of this agreement shall be calculated after the May 11, 2013 election (or runoff
election, if applicable), and if the amount of an authority’s total obligation exceeds the amount deposited, the authority shall
pay to the Elections Administrator the balance due within 30 days after the receipt of the final invoice from the Elections
Administrator. However, if the amount of the authority’s total obligation is less than the amount deposited, the Elections
Administrator shall refund to the authority the excess amount paid within 30 days after the final costs are calculated.
Page 9 of 10
The total estimated obligation and required deposit for each participating authority under the terms of this agreement shall
be as follows:
Actual # Billed # Estimated Deposit
Political Subdivision Polls Polls Cost Due
City of Arlington 28 14.00 $60,963 $45,800
City of Azle 1 0.33 $2,707 $2,100
City of Bedford 1 0.50 $6,769 $5,100
City of Crowley 1 0.50 $4,984 $3,800
City of Dalworthington Gardens 1 0.50 $3,537 $2,700
City of Euless 2 1.50 $8,465 $6,400
City of Everman 1 0.50 $3,792 $2,900
Forest Hill Library District 1 1.00 $5,323 $4,000
City of Fort Worth 66 27.33 $121,745 $91,400
City of Grand Prairie 4 2.00 $9,825 $7,400
City of Grapevine 1 1.00 $11,276 $8,500
City of Haltom City 2 1.00 $6,802 $5,200
City of Hurst 1 0.50 $5,643 $4,300
City of Keller 2 1.00 $6,467 $4,900
Town of Lakeside 1 0.50 $4,128 $3,100
City of Lake Worth 1 1.00 $6,072 $4,600
Town of Pantego 1 0.50 $3,537 $2,700
City of Pelican Bay 1 0.33 $2,652 $2,000
City of River Oaks 1 0.33 $3,220 $2,500
City of Saginaw 1 0.50 $4,851 $3,700
City of Sansom Park 1 0.50 $4,128 $3,100
City of Watauga 1 0.50 $5,205 $4,000
Town of Westlake 1 0.50 $4,848 $3,700
Arlington ISD 33 14.00 $61,114 $45,900
Azle ISD 4 1.17 $5,066 $3,800
Birdville ISD 14 5.50 $87,349 $65,600
Carroll ISD 5 1.00 $14,881 $11,200
Castleberry ISD 5 1.67 $7,447 $5,600
Crowley ISD 18 4.00 $20,925 $15,700
Eagle Mountain-Saginaw ISD 13 3.17 $14,833 $11,200
Everman ISD 7 1.17 $5,723 $4,300
Fort Worth ISD 34 10.33 $49,522 $37,200
Hurst-Euless-Bedford ISD 10 2.50 $21,031 $15,800
Keller ISD 17 4.83 $31,361 $23,600
Kennedale ISD 6 1.00 $9,906 $7,500
Mansfield ISD 15 7.00 $32,899 $24,700
Northwest ISD 13 3.50 $24,172 $18,200
Tarrant Regional Water District 137 76.83 $307,417 $230,600
TOTALS 194.00
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, April 22, 2013
TOPIC: Consider approval of a n inter-local agreement to participate in Tarrant
County’s West Nile Virus surveillance and response program.
STAFF CONTACT: Jarrod Greenwood, Public Works Director
DECISION POINTS
Start Date Completion Date
Timeframe: April 22, 2013 April 22, 2013
Effective immediately if approved.
Funding: Amount - $0.00 Status- N/A Source- N/A
Decision Alignment
VVM Perspective Desired Outcome
Service Excellence Customer Focus CF.Promote Community Health,
Safety & Welfare
Strategic Issue Outcome
Strategy Staff Action
N/A N/A N/A
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
Due to the outbreaks of West Nile virus in the Metroplex last year, many local governments have
developed varying methods to combat the illness to help protect their residents and minimize the
impact to the communities. Some areas have employed larvicidal briquettes, and/or local
fogging measures, while others have prog ressed to aerial spraying. Tarrant County has
developed a year-round monitoring program in order to acquire more consistent and complete
surveillance and has requested each partnering municipality to enter into an inter-local
agreement.
The proposed inter-local agreement provides the Town with the ability to utilize County
resources to monitor, trap, and record results, as well as, having access to any future training for
Town staff and contracts for third party response services.
ORGANIZATIONAL HISTORY/RECOMMENDATION
None
ATTACHMENTS
Resolution
Tarrant County ILA
Resolution 13-12
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION 13-12
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE AN INTERLOCAL
AGREEMENT WITH TARRANT COUNTY, RELATED TO TARRANT COUNTY’S
WEST NILE VIRUS SURVEILLANCE AND RESPONSE PROGRAM; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, West Nile virus is a mosquito -borne disease that is capable of causing
severe illness or death in humans; and
WHEREAS, The North Texas region accounted for approximately 92% of all cases in
Texas; and
WHEREAS, The Town Council of the Town of Westlake, finds that the proposed
Tarrant County inter-local agreement provides for the health, safety, and welfare of Westlake
citizens; and
WHEREAS, The Town Council of the Town of Westlake, finds that the proposed
Tarrant County inter-local agreement is in the best interest of Westlake citizens; and
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: THAT, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: THAT, The Town Council of the Town of Westlake hereby approves the
inter-local agreement with Tarrant County related to the Tarrant County’s West Nile Virus
surveillance and response program, attached as Exhibit “A”, and further authorizes the Town
Manager to execute the agreement on behalf of the Town of Westlake, Texas.
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 13-12
Page 2 of 2
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 22ND DAY OF APRIL 2013.
_____________________________
Laura L. Wheat, Mayor
ATTEST:
_______________________________ ________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Page 1 of 5
EXHIBIT A
INTERL OCAL COOPERATION AGREEMENT
_______________________________________________________________________
This INTERLOCAL COOPERATION AGREEMENT (“Agreement”) is entered into by
and between the TOWN OF WESTLAKE (“Town”), a general law municipality organized
under the laws of the State of Texas, and the COUNTY OF TARRANT (“County”), a
county organized under the laws of the State of Texas for the purpose of implementing
a West Nile Virus Mosquito Surveillance and Response Program.
FINDINGS
The Town and County make the following findings in support of entering into this
Agreement:
A. The County has consulted with representatives from the Centers for Disease
Control, Texas A&M University, Mosquito Control Districts, the State of Texas and local
municipalities to create a West Nile Virus Mosquito Surveillance and Response Program;
B. West Nile Virus infections represent a serious public health threat to the
citizens of the County and the Town;
C. Mosquitoes spread disease without regard to Town or County boundaries;
D. The performance of this Agreement by both the Town and County will be in
the common interest of both parties and will benefit the general public;
E. County and Town are making payment, if applicable, from current revenues
available to the paying party;
F. Any payment required by this Agreement is in an amount that fairly
compensates the performing party for the services or functions performed under this
Agreement; and
G. The governing bodies of County and Town have each authorized this
Agreement.
Page 2 of 5
The Town and the County agree as follows:
AGREEMENT
1. WEST NILE VIRUS MOSQUITO SURVEILLANCE AND RESPONSE PROGRAM .
County and Town are teaming together to create a West Nile Virus Mosquito
Surveillance and Response Program. This program will include the provision of
numerous mosquito traps, monitoring the traps, and testing the mosquitoes trapped.
2. TERM .
The term of this Agreement commences on the date of complete execution of
this Agreement (the “Effective Date”) and will expire on September 30, 2013.
However, this Agreement will automatically renew for successive terms of 1 year each
commencing October 1 of a given year and expiring September 30 of the following year.
Either party may terminate this Agreement on 60 days written notice prior to the
beginning of any term of this Agreement.
3. DESCRIPTION OF PROGRAM.
3.1. Surveillance Equipment.
The County will provide the Town with (i) 3 Gravid Mosquito Traps with electrical
batteries, (ii) a battery charger, (iii) an aspirator and (iv) sufficient transport
containers. Equipment will be returned to the County if the Town no longer uses
the equipment as part of this program.
3.2. Surveillance Services
The County will provide the Town with (i) a schedule for sample submissions, (ii)
processing and testing of the mosquitoes for the presence of West Nile Virus and
St. Louis Encephalitis virus , (iii) reports of the test results, (iv) analysis of
regional data, and (v) recommendations for response options.
3.3. Trap Operation
Town will operate the provided traps in a manner and number in accordance
with the plan specified by the county. Trapped mosquito samples will be
submitted to the County according to the schedule issued by the County with the
information required.
3.4. Education
The County will provide Town with (i) education regarding the placement and
operation of mosquito traps and (ii) education in Integrated Pest Management
methods of mosquito control (iii) a response plan model and assist with adapting
the response plan to the Town’s needs.
Page 3 of 5
3.5. Communication
Each party will provide at least two points of contact for the exchange of
information.
3.6. Cooperative Purchasing
Contracts initiated by the County for services related to the surveillance or
control of disease carrying mosquitoes will include provision for cooperative
purchasing.
3.7 Cost Sharing
A cost sharing model will be developed wherein the Town would be responsible
for the cost associated with response activities i.e., adulticiding, within their
jurisdiction.
4. INDEPENDENT CONTRACTOR.
Nothing contained in this Agreement is intended by the parties to create a
partnership or joint venture between the parties, and any implication to the contrary is
hereby expressly disavowed. It is understood and agreed that this Agreement does not
create a joint enterprise, nor does it appoint any party as an agent of any other party,
for any purpose whatsoever.
5. LIABILITY.
Nothing in the performance of this Agreement may impose any liability for claims
against the Town or the County other than claims for which liability may be imposed by
the Texas Tort Claims Act.
6. NOTICES.
All written notices called for or required by this Agreement must be addressed to
the following, or other party or address as either party designates in writing, by certified
mail, postage prepaid, or by hand delivery:
Town: County:
Attn: ____________________ Attn: County Administrator
_______________________ Tarrant County Administration Building
_______________________ 100 E. Weatherford Street
_______________________ Fort Worth, TX 76196
Page 4 of 5
7. 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 Charter and ordinances, as amended.
8. 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 will not
constitute a waiver of that party’s right to insist upon appropriate performance or to
assert any such right on any future occasion.
9. 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 will lie in state district courts
located in Tarrant County, Texas. This Agreement must be construed in accordance with
the laws of the State of Texas.
10. NO THIRD PARTY RIGHTS.
The provisions and conditions of this Agreement are solely for the benefit of the
Town and County and are not intended to create any rights, contractual or otherwise, to
any other person or entity.
11. INTERPRETATION.
In the event of any dispute over the meaning or application of any provision, of
this Agreement this Agreement will be interpreted fairly and reasonably, and neither
more strongly for or against any patty, regardless of the actual drafter of this
Agreement.
12. CAPTIONS.
Captions and headings used in this Agreement are for reference purposes only
and may not be deemed a part of this Agreement.
13. ENTIRETY OF AGREEMENT.
Page 5 of 5
This Agreement, including any exhibits attached hereto and any documents
incorporated herein by reference, contains the entire understanding and agreement
between the Town and County 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.
14. COUNTERPARTS.
This Agreement may be executed in multiple counterparts, each of which will be
considered an original, but all of which will constitute one instrument.
EXECUTED as of the last date indicated below:
TOWN OF WESTLAKE: COUNTY OF TARRANT:
By: ___________________ By:____________________
Thomas E. Brymer B. Glen Whitley
Town Manager County Judge
Date:____________________ Date:________________
APPROVED AS TO FORM/LEGALITY: APPROVED AS TO FORM:
By: ____________________________ By: ____________________
Town Attorney Assistant District Attorney*
*By law, the District Attorney’s Office may only advise or approve contracts or legal documents
on behalf of its clients. It may not advise or approve a contract or legal document on behalf of
other parties. Our view of this document was conducted solely from the legal perspective of our
client. Our approval of this document was offered solely for the benefit of our client. Other
parties should not rely on this approval and should seek review and approval by their own
respective attorney (s).
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, April 22, 2013
TOPIC: Consider a resolution to enter into an Inter Local Agreement with Roanoke for the
reconstruction of Main within the Town of Westlake town limits.
STAFF CONTACT: Jarrod Greenwood, Director of Public Works
DECISION POINTS
Start Date Completion Date
Timeframe: April 22, 2013 January 1, 2015
Estimated time of Roanoke project
Funding: Amount - N/A Status- Funded Source- N/A
Decision Alignment
, VVM Perspective Desired Outcome
Sense of Place Customer Focus CF.Enhance and Maintain a Sense
of Community
Strategic Issue Outcome
Strategy Staff Action
Capital Investment
6. Maximize the
service provision
level to our
customers through
the use of the shared
services model,
public/private
partnerships, and
implementation of
innovative inter-
SA 06.1: Seek Partnerships
Page 2 of 2
governmental
agreements.
Strategy Map or VVM Connection
Strategic Issue Connection
EXECUTIVE SUMMARY
The City of Roanoke has planned to reconstruct the entire section of Main Street within the
Roanoke city limits. The road will be 6” concrete pavement with curb and gutter, sidewalks, and
underground drainage. The proposed street reconstruction project eliminates the existing bar
ditches with the installation of underground storm drainage conduit, some of which must be
installed within the Westlake portion of Main Street .
Given the adjusted city limit boundary which divides the roadway in half longitudinally and that
the drainage pipe installation work must be completed, the City of Roanoke has agreed to
reconstruct Westlake’s portion of Main Street as a part of their proposed project in return for
Westlake’s consent to the construction work within Westlake.
This work will be completed by the City of Roanoke with no financial obligation by the Town of
Westlake.
ORGANIZATIONAL HISTORY/RECOMMENDATION
Staff recommends approval
ATTACHMENTS
Resolution
Proposed ILA with Roanoke
Main Street Construction Plans
Resolution 13-13
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 13-13
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE TOWN OF WESTLAKE AND THE CITY OF
ROANOKE, RELATED TO THE RECONSTRUCTION OF MAIN STREET WITHIN
WESTLAKE TOWN LIMITS.
WHEREAS, the Interlocal Cooperation Act authorizes local governments to contract
with one or more local governments to perform governmental functions and services under the
terms of the Act; and
WHEREAS, Roanoke is a duly organized municipality in Denton and Tarrant County,
Texas, engaged in the provision of municipal and related services for the benefit of the citizens
of the City of Roanoke, Texas; and
WHEREAS, Westlake is a duly organized municipality in Denton and Tarrant County,
Texas, engaged in the provision of municipal and related services for the benefit of the citizens
of the T own of Westlake, Texas; and
WHEREAS, The City of Roanoke plans to begin construction on the Town of Westlake
portion of Main Street through an inter -local agreement ; and,
WHEREAS, Westlake desires to provide residents and commuters safe and aesthetically
pleasing street to travel; and,
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That the Town of Westlake Town Council does hereby approve the
proposed inter-local agreement with the City of Roanoke, attached as Exhibit “A”, related to the
reconstruction of Main Street within the Town of Westlake town limits.
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 13-13
Page 2 of 2
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 22 DAY OF APRIL 2013.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
INTERLOCAL COOPERATION AGREEMENT
BETWEEN
CITY OF ROANOKE, TEXAS
AND
TOWN OF WESTLAKE, TEXAS
This Interlocal Agreement (hereinafter referred to as the “Agreement”) is entered into pursuant
to the provisions of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code,
by and between the City of Roanoke, Texas, a Texas home-rule municipality (hereinafter
referred to as “Roanoke”), and the Town of Westlake, Texas, a Texas general law municipality
(hereinafter referred to as “Westlake”).
WHEREAS, the Interlocal Cooperation Act authorizes local governments to contract
with one or more local governments to perform governmental functions and services under the
terms of the Act; and
WHEREAS, Roanoke and Westlake mutually desire to be subject to the provisions of
the Texas Government Code, Chapter 791, the Interlocal Cooperation Act, specifically section
791.011 regarding contracts to perform governmental functions and services; and
WHEREAS, Roanoke is a duly organized municipality in Denton and Tarrant County,
Texas, engaged in the provision of municipal and related services for the benefit of the citizens
of the Town of Roanoke, Texas; and
WHEREAS, Westlake is a duly organized municipality in Denton and Tarrant County,
Texas, engaged in the provision of municipal and related services for the benefit of the citizens
of the Town of Westlake, Texas; and
WHEREAS, Roanoke and Westlake desire to enter into this Agreement to address the
construction and improvements to Main Street, located wit hin Roanoke and Westlake; and
WHEREAS, Roanoke and Westlake believe this Agreement is in the best interests of
Roanoke and Westlake.
NOW, THEREFORE, for and in consideration of the agreements contained herein, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Roanoke and Westlake agree as follows:
Section 1. Incorporation of Premises. The foregoing recitals are hereby
incorporated into the body of this Agreement and shall be considered part of the mutual
covenants, consideration and promises that bind the parties.
Section 2. Term. This Agreement shall be effective as of the Effective Date, as
defined herein, and shall continue thereafter until all obligations of Roanoke and Westlake have
been performed in full, or on until January 1, 2015, unless terminated sooner under the
Page 2 of 9
Interlocal Agreement
City of Roanoke, Texas – Town of Westlake , Texas
4/17/2013 9:58:29 AM
provisions hereof.
Section 3. Definitions. The following words shall have the following meanings when
used in this Agreement.
(a) Agreement. The word “Agreement” means this Interlocal Cooperation Agreement,
together with all exhibits and schedules attached to this Agreement from time to time, if
any.
(b) Effective Date. The words “Effective Date” mean the date of the latter to execute this
Agreement by and between Roanoke and Westlake.
(c) Main Street Project. The words “Main Street Project” means the construction of the
public roadway and related improvements on Main Street, consistent with the final
approved Main Street Reconstruction plans, including water and sanitary sewer plans,
traffic control plans, roadway plans and profile, storm drain plans and profile and erosion
control plans, a copy of which are attached hereto as Exhibit B of this Agreement . Said
Main Street Project is located within Roanoke and Westlake, Denton County, Texas, as
generally depicted in Exhibit A of this Agreement which is attached hereto and
incorporated herein for all purposes.
(d) Roanoke. The words “Roanoke” mean the City of Roanoke, Texas, a Texas home-rule
municipality, whose address for the purposes of this Agreement is 108 S. Oak Street,
Roanoke, Texas 76262.
(e) Term. The word “Term” means the term of this Agreement as specified in Section 2 of
this Agreement.
(f) Westlake. The word “Westlake” means the Town of Westlake, Texas, a Texas general
law municipality, whose address for the purposes of this Agreement is 3 Village Circle,
Suite 202, Westlake, Texas 76262.
Section 4. Obligations of Roanoke. Roanoke covenants and agrees with Westlake
that, while this Agreement is in effect, it shall comply with the following terms and conditions:
(a) Roanoke shall at is sole cost and expense contract for the engineering design of the Main
Street Project. In addition, Roanoke shall at its sole cost and expense construct the Main
Street Project located within Roanoke, and Westlake, consistent with the Main Street
Reconstruction Plans attached hereto as Exhibit B of this Agreement. All roadway
construction within the scope of the Main Street Project and within Westlake must
comply with Westlake’s ordinances and standards that are in effect as of the Effective
Date of this Agreement.
(b) Consistent with Section 791.011(d)(3) of the Texas Government Code, Roanoke in
Page 3 of 9
Interlocal Agreement
City of Roanoke, Texas – Town of Westlake , Texas
4/17/2013 9:58:29 AM
making payments hereunder for governmental functions or services, shall make payments
from current revenues available to Roanoke. It is understood and agreed that the funding
for the T erm set forth above has been approved and will be appropriated by Roanoke.
Section 5. Obligations of Westlake. Westlake covenants and agrees with Roanoke
that, while this Agreement is in effect, it shall comply with the following terms and conditions:
(a) Westlake shall allow access to Roanoke for the construction of the Main Street Project
within Westlake during the Term of this Agreement.
Section 6. Default. In the event of default of the obligations of this Agreement, the
non-defaulting party shall give written notice to the other party of any default, and the defaulting
party shall have thirty (30) days to cure said default. Should said default remain uncured as of
the last day of the applicable cure period, and the non-defaulting party is not otherwise in default,
the non-defaulting party shall have the right to immediately terminate this Agreement. The
written notice shall be mailed to the below-noted addresses via U.S. certified mail, postage
prepaid and return receipt requested, and the date of mailing shall be deemed the date of the
postmark.
Section 7. Miscellaneous Provisions. The following miscellaneous provisions are a
part of this Agreement:
(a) Amendments. This Agreement constitutes the entire understanding and agreement of the
parties as to the matters set forth in this Agreement. No alteration of or amendment to
this Agreement shall be effective unless given in writing and signed by the party or
parties sought to be charged or bound by the alteration or amendment.
(b) Applicable Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas, and all obligations of the parties created
hereunder are performable in Denton County, Texas. Venue for any action arising under
this Agreement shall lie in the state district courts of Denton County, Texas.
(c) Assignment. This Agreement may not be assigned without the express writt en consent
of the other party.
(d) Attorney’s Fees. In the event any person initiates or defends any legal action or
proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party
in any such action or proceeding shall be entitled to recover its reasonable costs and
attorney’s fees (including its reasonable costs and attorney’s fees on any appeal).
(e) Binding Obligation. This Agreement shall become a binding obligation on the
signatories upon execution by all signatories hereto. Roanoke warrants and represents
that the individual executing this Agreement on behalf of Roanoke has full authority to
execute this Agreement and bind Roanoke to the same. Westlake warrants and represents
Page 4 of 9
Interlocal Agreement
City of Roanoke, Texas – Town of Westlake , Texas
4/17/2013 9:58:29 AM
that the individual executing this Agreement o n Westlake ’s behalf has full authority to
execute this Agreement and bind it to the same.
(f) Caption Headings. Caption headings in this Agreement are for convenience purposes
only and are not to be used to interpret or define the provisions of the Agreement.
(g) Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original and all of which shall constitute one and the same
document.
(h) 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, fire or other casualty, or court injunction, 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 obligation or
requirement shall be extended for a period of time equal to the period such party was
delayed.
(i) Immunity and Defenses. It is expressly understood and agreed that, in the execution of
this Agreement, no party waives, nor shall be deemed hereby to have waived any
immunity or defense that would otherwise be available to it against claims arising in the
exercise of governmental powers and functions. By entering into this Agreement, the
parties do not create any obligations, express or implied, other than those set forth herein,
and this Agreement shall not create any rights in parties not signatories hereto.
(j) Notices. Any notice or other communication required or permitted by this Agreement
(hereinafter referred to as the “Notice”) is effective when in writing and (i) personally
delivered either by facsimile (with electronic information and a mailed copy to follow)
or by hand or (ii) three (3) days after notice is deposited with the U.S. Postal Service,
postage prepaid, certified with return receipt requested, and addressed as follows:
if to Roanoke: The City of Roanoke, Texas
108 S. Oak Street
Roanoke, Texas 76262
Attn: City M anager
Telephone: (817) 491-2411
if to Westlake: The Town of Westlake, Texas
3 Village Circle, Suite 202
Westlake, Texas 76262
Attn: Town Manager
Telephone: (817) 430-0941
Page 5 of 9
Interlocal Agreement
City of Roanoke, Texas – Town of Westlake , Texas
4/17/2013 9:58:29 AM
(k) Severability. The provisions of this Agreement are severable. If any paragraph, section,
subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a
court of competent jurisdiction to be contrary to law or contrary to any rule or regulation
have the force and effect of the law, the remaining portions of the Agreement shall be
enforced as if the invalid provision had never been included.
(l) Time is of the Essence. Time is of the essence in the performance of this Agreement.
[The Remainder of this Page Intentionally Left Blank]
Page 6 of 9
Interlocal Agreement
City of Roanoke, Texas – Town of Westlake , Texas
4/17/2013 9:58:29 AM
APPROVED by The City Council of The City of Roanoke, Texas, in its meeting held on
the day of , 2013, and executed by its authorized representative.
CITY OF ROANOKE, TEXAS
A Texas home-rule municipality
By:
Carl E. Gierisch, Jr., Mayor
ATTEST:
April S. Hill, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
Page 7 of 9
Interlocal Agreement
City of Roanoke, Texas – Town of Westlake , Texas
4/17/2013 9:58:29 AM
APPROVED by The Town Council of The Town of Westlake, Texas, in its meeting held
on the day of , 2013, and executed by its authorized representative.
TOWN OF WESTLAKE, TEXAS
A Texas general law municipality
By:
Laura Wheat, Mayor
ATTEST:
Kelly Edwards, Town Secretary
APPROVED AS TO FORM:
Stan Lowry, Town Attorney
Page 8 of 9
Interlocal Agreement
City of Roanoke, Texas – Town of Westlake , Texas
4/17/2013 9:58:29 AM
Exhibit A
Depiction
of
Main Street Project
Page 9 of 9
Interlocal Agreement
City of Roanoke, Texas – Town of Westlake , Texas
4/17/2013 9:58:29 AM
Exhibit B
Main Street Reconstruction Plans
Page 1 of 3
estlake Town Council
TYPE OF ACTION
Workshop - Discussion Item
Westlake Town Council Meeting
Monday, April 22, 2013
TOPIC: Consider approval of Resolution Approving staff to enter into negotiation with
Steele & Freeman, Inc. for construction manager at-risk services establishing a
guaranteed maximum price for the Phase One of the Westlake Academy campus
expansion project.
STAFF CONTACT: Troy J. Meyer, Director of Facilities and Parks/Recreation
DECISION POINTS
Start Date Completion Date
Timeframe: April 22, 2013 May 29, 2015
Click here to enter text.
Funding: Amount - $8,500,000 Status- Funded Source- Bond Issuance
This fund includes: Soft Cost, Purchase of the portable buildings, CM at Risk fees and the
projects guaranteed maximum price (GPM).
Decision Alignment
VVM Perspective Desired Outcome
Exemplary
Governance
Financial
Stewardship FS.Sustain Fiscal Health
Strategic Issue Outcome
Strategy Staff Action
Capital Investment
3. Policy and Cost
Analysis Drive by
GRowth (Future
Assets)
SA 03.3: WA Campus
Page 2 of 3
Strategy Map or VVM Connection
Strategic Issue Connection
EXECUTIVE SUMMARY
In 2008, Steele & Freemen Inc. was selected as the construction manager at-risk to build the
Sam and Margaret Lee Arts & Sciences Center located on the Westlake Academy campus. The
building was completed on time and open in August 2009. The Town received approximately
$325,500 in project savings which was used to extend the Sam & Margaret Lee Arts and
Science Center parking area.
November 12, 2012 the Town Council approved the Westlake Academy master plan presented
by Bennett Benner Pettit, Inc (BB&P). On January 29, 2013 the Council instructed staff to
have BB&P provides architectural services for Phase 1 of the campus expansion. The
architectural scope of work includes three new buildings: (1) single-story Multipurpose Hall
(approximately 9,600 sq. ft.) (2) a three story secondary classroom building (approximately
18,900 sq. ft.), and (3) a single story field house (approximat ely 9,600 sq. ft.) The next was to
solicit Request for Qualification (RFQ) for a construction manager at-risk for the project.
The RFQ for Westlake Academy Phase I Expansion project was published in the March 2nd and
3rd, 2013 edition of the Star-Telegram. We received four proposals on March 20th from the
following firms:
1. Steele & Freeman- Fix Fee -1.90%
2. SEDALCO –Fix Fee - 5.50%
3. AUI-Fix Fee - 5.25%
4. Austin Commercial - Fix Fee -2.75%
Interviews with the CM at Risk firms began on March 27, 2013 and completed on April 2,
2013. A team of Town Staff ranked each proposal based on experience in educational projects,
team job experience, delivering the CM at Risk method of delivery, current jobs and fees. The
staff is recommending Steele & Freeman as the CM at Risk contractor for the Westlake
Academy Phase I campus expansion. The staff members who completed the interview include:
Tom Brymer, Troy Meyer, Jarrod Greenwood, Ben Nibarger, Eddie Edward and Mark Dabney
from BB&P.
The next step is to engage Steele & Freeman in the design phase of the project. Once the
drawing is at 80% to 90%, staff will start the negotiation process to establish a guaranteed
maximum price for the project. After a price is established an agreement will be presented to
the To wn Council for approval in June.
ORGANIZATIONAL HISTORY/RECOMMENDATION
Staff recommends Council authorizing the Town Manager to enter into negotiation with Steele &
Freeman, Inc. for construction manager at-risk services too establishing a guaranteed maximum
price for the Phase One of the Westlake Academy campus expansion project.
ATTACHMENTS
Resolution
Resolution 13-14
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 13-14
A RESOLUTION OF THE TOWN COUNCIL AUTHORIZING THE TOWN MANAGER
TO ENTER INTO NEGOTIATIONS WITH STEELE & FREEMAN, INC. FOR
CONSTRUCTION MANAGER AT-RISK SERVICES ESTABLISHING A
GUARANTEED MAXIMUM PRICE FOR THE PHASE I OF THE WESTLAKE
ACADEMY CAMPUS EXPANSION PROJECT OF THE PHASE I OF THE
WESTLAKE ACADEMY CAMPUS EXPANSION.
WHEREAS, the Town of Westlake owns and operates the Westlake Academy and
provides facilities for Town and Academy use; and,
WHEREAS, the staff is recommending Steele & Freeman as the CM at Risk contractor
for the Westlake Academy Phase I campus expansion; and
WHEREAS, the next step is to enter into negotiation with Steele & Freeman, Inc. for
construction manager at -risk services too establishing a guaranteed maximum price for the Phase
I of the Westlake Academy campus expansion project; and
WHEREAS, Once drawing is at 80% to 90%, staff will start the negotiation process to
establish a guaranteed maximum price for the project and presented to the Town Council for
approval in June ; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake .
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That the Town of Westlake Town Council does hereby authorizing the
Town Manager to enter into negotiation with Steele & Freeman, Inc. for construction manager
at -risk services establishing a guaranteed maximum price for the Phase I of the Westlake
Academy campus expansion project.
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 13-14
Page 2 of 2
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 22nd DAY OF APRIL 2013.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, April 22, 2013
TOPIC: Consider a resolution awarding the bid from Humphrey & Associates for the
installation of the underground power utilities to the temporary classroom
buildings.
STAFF CONTACT: Troy J. Meyer, Director of Facilities and Parks/Recreation
DECISION POINTS
Start Date Completion Date
Timeframe: March 2, 2013 August 1, 2013
Funding: Amount - $8,500,000 Status- Funded Source- Bond Issuance
This fund includes: Soft Cost, Purchase of the portable buildings and set up cost, CM at Risk
fees and the projects guaranteed maximum price (GPM).
Decision Alignment
VVM Perspective Desired Outcome
Exemplary
Governance
Financial
Stewardship FS.Sustain Fiscal Health
Strategic Issue Outcome
Strategy Staff Action
Capital Investment
3. Policy and Cost
Analysis Drive by
GRowth (Future
Assets)
SA 03.3: WA Campus
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
In the Student Admission Policy and future enrollment report present at the December 3, 2012
Board of Trustee meeting included recommendation to add three temporary buildings which
would add six additional classrooms. The building will be located just to the west of the current
portable buildings. The implementation of these new portables will allow for a number of
options to be executed based upon enrollment growth over the next several months. By placing
these portables in service, it would be possible to move into three sections in the PYP Program
if necessary. If the growth does not require the addition of new sect ions in all the PYP grade
levels, the portables could be utilized as specials classrooms.
On March 2, 2013 staff published a bid notice to purchase three portable building and to install
underground utility to the three portable buildings. Staff received three proposals for the
underground utility work which include; Big Bear Electric at $24,630.00, Cable Electric at $42,
5000.00 and Humphrey & Associates at $21,223.00. The work is scheduled to be completed by
August 1st 2013.
ORGANIZATIONAL HISTORY/RECOMMENDATION
Staff recommends accept the bid for from Humphrey & Associates to install the underground
power to the temporary classroom buildings.
ATTACHMENTS
Resolution
Resolution 13-15
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 13-15
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AWARDING THE BID AND ENTER AN AGREEMENT WITH HUMPHREY &
ASSOCIATES FOR THE INSTALATION OF UNDERGROUND POWER UTILITIES
FOR THE THREE (3) TEMPORARY CLASSROOM BUILDINGS AT THE WESTLAKE
ACADEMY.
WHEREAS, the Town of Westlake owns and operates the Westlake Academy and
provides facilities for Town and Academy use; and,
WHEREAS, add three (3) temporary buildings which would add six (6) additional
classrooms allow for any enrollment growth over the next several months; and,
WHEREAS, the agreement would include the install underground utility to the three (3)
portable buildings located at the Westlake Academy; and,
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake .
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That the Town of Westlake Town Council does hereby approves the
contract with Humphrey & Associates relating to the new portables will allow for a number of
options to be executed based upon enrollment growth over the next several months attached as
Exhibit “A”,
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 13-15
Page 2 of 2
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 22nd DAY OF APRIL 2013.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, April 22, 2013
TOPIC: Consider a resolution authoriz ing the town manager to reject the bid from Mobile
Modular for the purchase of three (3) temporary classroom buildings.
STAFF CONTACT: Troy J. Meyer, Director of Facilities and Parks/Recreation
DECISION POINTS
Start Date Completion Date
Timeframe: March 2, 2013 April 22, 2013
Click here to enter text.
Funding: Amount - $8,500,000 Status- Funded Source- Bond Issuance
This fund includes: Soft Cost, Purchase of the portable buildings, CM at Risk fees and the
projects guaranteed maximum price (GPM).
Decision Alignment
VVM Perspective Desired Outcome
Exemplary
Governance
Financial
Stewardship FS.Sustain Fiscal Health
Strategic Issue Outcome
Strategy Staff Action
Capital Investment
3. Policy and Cost
Analysis Drive by
GRowth (Future
Assets)
SA 03.3: WA Campus
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
In the Student Admission Policy and future enrollment report present at the December 3, 2012
Board of Trustee meeting included recommendation to add three temporary buildings which
would add six (6) additional classrooms. The building will be located just to the west of the
current portable buildings. The implementation of these new portables will allow for a number
of options to be executed based upon enrollment growth over the next several months. By
placing these portables in service, it would be possible to move into three sections in the PYP
Program if necessary. If the growth does not require the addition of new sections in all the PYP
grade levels, the portables could be utilized as specials classrooms, as well as one unit being
used as the construction trailer.
On March 2, 2013 staff published a bid notice to purchase three (3) portable buildings and to
install the underground utility work for the new portable buildings. Staff only received one
proposal for the purchase of the three portable buildings which includes six classrooms. Staff
republished the bid package on April 13 th and 14th and contacted companies who can provide
proposal for the three portable buildings. The bid proposals are due back on April 29th and will
be present at the May 6th Board of Trustee meeting for approval.
ORGANIZATIONAL HISTORY/RECOMMENDATION
Staff recommends to authorizing the Town Manager to reject the bid from Mobile Modular for
the purchase of three temporary classroom buildings.
ATTACHMENTS
Resolution
Resolution 13-16
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 13-16
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
AUTHORIZING THE TOWN MANAGER TO REJECT THE BID FROM MOBILE
MODULAR FOR THE PURCHASE OF THREE (3) TEMPORARY CLASSROOM
BUILDINGS.
WHEREAS, implementation of these new portables will allow for a number of options to
be executed based upon enrollment growth over the next several months; and
WHEREAS, it would be possible to move into three sections in the PYP Program if
necessary or the portables could be utilized as specials classrooms if needed which are located on
the Westside of the Art s and Sciences Center; and
WHEREAS, the Town Council, have determined it to be in the best interest of all parties
to reject the bid due to lack of bids submitted for the temporary classroom building s; and
WHEREAS, the temporary classroom buildings bid package notification was published
on April 13th and 14th.
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: The Town of Westlake Town Council does hereby authorize the Town
Manager to reject the bids from Mobile Modular received for the purchase of three (3) temporary
classroom buildings.
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 13-16
Page 2 of 2
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 22nd DAY OF APRIL 2013.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Westlake Planning & Zoning Commission Meeting
Monday, April 15, 2013
Westlake Town Council Meeting
Monday, April 22, 2013
TOPIC: Comprehensive Plan “Land Use Map” amendment
STAFF CONTACT: Eddie Edwards, Director of Planning and Development
DECISION POINTS
Start Date Completion Date
Timeframe: April 15, 2013 April 22, 2013
Funding: Amount - None. Status- N/A Source- N/A
.
Decision Alignment
VVM Perspective Desired Outcome
Exemplary
Governance
Operational
Processes
CF.Promote Community Health,
Safety & Welfare
Strategic Issue Outcome
Strategy Staff Action
N/A N/A N/A
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
Approve an amendment to the Comprehensive Plan, Land Use map. Changing the planned use
of the property locate in the PD1-2 zoning district from Office and Retail uses to Mixed-Use.
ORGANIZATIONAL HISTORY/RECOMMENDATION
Centurion American seeks an amendment to the PD1-2 Planning Area to allow development of
an approximately 85 acre tract as a Mixed-use development. The property is currently zoned for
Office, and Retail uses. The Comprehensive Plan, Land Use map, should be amended prior to
approving a zoning amendment.
ATTACHMENTS
Exhibit: Proposed Comprehensive Plan, Land Use Map.
Ordinance 702
Page 1 of 3
TOWN OF WESTLAKE
ORDINANCE NO. 702
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN,
AMENDING THE LAND USE MAP CONTAINED WITHIN. THE CHANGES ARE
LIMITED TO THE PARCELS LOCATED WITHIN THE PD1-2 ZONING DISTRICT.
WHEREAS, the Town of Westlake, Texas is a general law Town; and
WHEREAS, on August 24, 1992, the Town Council adopted a Comprehensive Plan (the
"1992 Comprehensive Plan") for the Town; and
WHEREAS, the economic development and land use planning objectives of the Town
will be furthered by the amending of the Land Use Map; and
WHEREAS, the Planning and Zoning Commission and Town Council held public
hearings after notice of such hearing s being published in a newspaper of general circulation in
the Town, all in accordance with law; and
WHEREAS, upon the recommendation of the Planning and Zoning Commission, the
Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of
the town and its citizens that the amendments (Exhibit “A”) to the Westlake Comprehensive
Plan “Land Use Map” should be approved and adopted; and
WHEREAS, the Council believes that the interests of the Town, the present and future
residents and citizens of the Town;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the findings hereinabove are found to be true and
correct and are incorporated herein by reference as if copied in their entirely.
SECTION 2: That the Town of Westlake hereby approves the Land Use Map, as shown
in Exhibit A.
SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances
and all other provisions of other Ordinances adopted by the Town which are inconsistent with
the terms or provisions of this Ordinance are hereby repealed.
SECTION 4: 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
Ordinance 702
Page 2 of 3
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 5: This ordinance shall take effect immediately from and after its passage as the
law in such case provides.
PASSED AND APPROVED ON THIS _______ DAY OF APRIL, 2013.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________
Kelly Edwards, Town Secretary ______________________________
Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Ordinance 702
Page 3 of 3
Exhibit A
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Westlake Planning & Zoning Commission Meeting
Monday, April 15, 2013
Westlake Town Council Meeting
Monday, April 22, 2013
TOPIC: Public Hearing and Consideration for Approval of an Ordinance Amending the
Permitted Uses and Development Regulations of Planning District 1-2 (PD1-2) Including
Development Guidelines, Design Standards, Roadway Design Standards, Residential
Development Standards, Signage Standards, and the Concept Plan for PD1-2 to Allow for a
Mixed Use “Village” Planned Development on an 85 Acre (approx.) Tract located at the
Northeast Corner of FM 1938 (Davis Blvd) and Solana Boulevard.
STAFF CONTACT: Eddie Edwards, Director of Planning and Development
DECISION POINTS
Start Date Completion Date
Timeframe: April 2013 April 2013
Funding: Amount - None. Status- N/A Source- N/A
.
Decision Alignment
VVM Perspective Desired Outcome
Sense of Place Financial
Stewardship
Enhance and Maintain a Sense of
Community
Strategic Issue Outcome
Strategy Staff Action
Page 2 of 2
Comprehensive
Planning and
Management of
Natural Resources
N/A SA 09D1: Ordinances
Strategy Map or VVM Connection
Strategic Issue Connection
EXECUTIVE SUMMARY
Consideration of an amend ment to the PD1-2 Planning Area regulations including new land uses
and development standards.
ORGANIZATIONAL HISTORY/RECOMMENDATION
The property is currently zoned for Office and Retail uses. The owner/applicant seeks an
amendment to the PD1-2 Planning Area to add Residential and Entertainment uses to allow
development of a mixed use Planned Development. This development will blend a wide range
of various uses (offices, governmental, retail, restaurants, business services, medical services,
entertainment establishments, conference center type meeting space, single family residential
detached homes and villas or townhomes. The proposed uses will utilize a design for a European
style village with a Texas – Spanish architectural theme, tentatively named Westlake Entrada.
The applicant advises that the estimated value of improvements on this tract, per these proposed
uses, could be approximately $500,000,000. Planning and Zoning Commission
recommended approval, subject to some changes, by unanimous vote at their April 15,
2013 meeting. Staff recommends approval subject to the provisions contained in the staff report.
ATTACHMENTS
Click here to enter text.
1. Site Location Map
2. Staff Report
3. Ordinance Including Ordinance Exhibits
a) Legal Description of PD District
b) PD1-2 Concept Plan
c) Westlake Entrada Development Standards
d) Westlake Entrada Design Standards
e) Westlake Entrada Public Roadway Standards
f) Westlake Entrada Residential Development Standards
g) Construction Phasing Plan (see Concept Plan)
Page 1 of 12
TOWN OF WESTLAKE, TX
ZONING CHANGE REQUEST
STAFF REPORT TO PLANNING & ZONING COMMISSION/TOWN COUNCIL
I. CASE INFORMATION
Case No. Z-03-01-13 Date: 4-7-2013
Request: Applicant is requesting approval of the following:
Zoning Amendment X (PD1-2; PD-1, Planning Area 2)
Concept Plan X
Agenda Item: Public Hearing and Consideration of an Ordinance Amending the
Permitted Uses and Development Regulations of Planning District 1-2 (PD1-2) Including
Development Guidelines, Design Standards, Residential Development Standards,
Roadway Design Standards, Signage Standards, and the Concept Plan for PD1-2 to
Allow for a Mixed Use “Village” Planned Development on an 85 Acre (approx.) Tract
Located at the Northeast Corner of FM 1938 (Davis Blvd) and Solana Boulevard.
Development Name: Westlake Entrada
Location: The subject property is an approximately 85 acre tract generally located at
the northeast Corner of FM 1938 and Solana Boulevard. (Note: legal description of the
subject property is included in the proposed ordinance, also see attached vicinity map).
Owner: Maguire Partners-Solana Land, LP (Mehrdad Moayedi)
Applicant: Jeffory D. Blackard
Developer: Centurion American Development Group
Acres: 85 acres (approx.)
Proposed Use(s): A mixed use planned development that will blend a wide range of
various uses (offices, governmental, retail, restaurants, business services, medical
services, entertainment establishments, conference center type meeting space, single
family residential detached homes and villas or town homes. The development will
utilize a design for a European style village with a Texas–Spanish architectural theme
(Spanish), tentatively named Westlake Entrada.
Notice Requirements: Written notice was mailed to all property owners within 200 feet
as required by Town Ordinance. Additionally, written notice of this request was mailed
Page 2 of 12
to the Glenwyck and Vaquero HOA/s, as well as the Town of Trophy Club (note:
Trophy Club’s notice was to comply with the Memorandum of Understanding we have
with them to advise each other about development activity along the SH 114 corridor in
our respective communities.) Information, including this staff report, as well as all
materials furnished on this request, contained in the Town Council’s and/or Planning &
Zoning Commission’s agenda packets, was placed on the Town’s web site. Also, an
email blast will also be sent out to Town residents (on the Town’s email list) advising
them of this pending request for zoning.
II. STAFF REVIEW COMMENTS
1. General Information/Proposed Uses:
This agenda item is consideration of an Ordinance amending the permitted uses and
development regulations of newly established Planning Area 2 of the PD1 zoning
district (PD1-2) to allow for a mixed-use planned development at this location as well
as approve a Concept Plan for this development. The subject site is approximately 85
acres located at the northeast corner of FM 1938 (Davis Blvd) and Solana Boulevard.
Subject site is bounded on the south by Solana Boulevard, on the west by FM 1938
(Davis Blvd), on the north by SH 114, and to the east by a Solana office park
development that is part of the PD1-1 zoning district. As indicated, this site is the
newly established PD1-2 Planning Area 2 which formerly had been a part of PD-1
commonly referred to as Solana.
This proposed mixed-use planned development is tentatively named Westlake Entrada.
It will blend various uses requested which include office, governmental, retail,
restaurants, conference center type meeting space, hotel, as well as residential uses
(single family residential detached, and villas or townhomes). These proposed
permitted uses are set out in greater detail in the proposed ordinance document, would
be configured in a harmonious manner around a large water feature, plazas, an
amphitheater, towers, as well as and other common area design features and open
space. The intended design result is to achieve a unique sense of place via a European
style village, with a Texas-Spanish architectural theme, where people can gather, live,
work, entertain, shop, and recreate.
The Ordinance amending the permitted uses and development regulations of this newly
established Planning Area 2 (PD1-2) to allow for a Mixed Use Planned Development
includes:
• Development Guidelines for Planning Area 2, PD1-2
• Design Standards for Planning Area 2, PD1-2
• Residential Standards for Planning Area 2, PD1-2
Page 3 of 12
• Roadway Design Standards for Planning Area 2, PD1-2
• Concept Plan for Planning Area 2, PD1-2
2. Conformance with Comprehensive Plan:
This proposed rezoning request requires an amendment to the Land Use component of
the Town’s Comprehensive Plan to allow for mixed use as a land use at this location.
Current designation for this property on the Land Use Plan is for office-retail uses. A
mixed use designation on the Land Use Plan would continue the exiting office retail
uses, but add residential (single family and villas or town homes, but not condominiums
and apartments) and entertainment uses to the already designated office-retail uses.
3. Existing Zoning Compared to Proposed Amended Uses:
Current zoning entitlements for the PD1-2 Zoning District is for office, parking garage,
hotel, health industry related, and retail uses (note: the retail uses currently allowed are
extensive). This rezoning request is seeking, by requesting a mixed use zoning district,
to add other uses- entertainment and residential, to create a true mixed use
development.
The proposed uses in this request for PD1-2 are consistent with a mixed use planned
development designed to create a European style village (tentatively named Westlake
Entrada). The proposed uses (both existing and new) for PD1-2 include: medical
offices, office, governmental, retail, restaurants, business service establishments, hotel,
conference center type meeting space, and various residential uses. The various
residential uses proposed for PD1-2 would include single family residential
detached homes and villas or townhomes, but not apartments or condominiums.
The net effect is the addition of relatively few new uses, but the layout of the
development per the proposed design guidelines and standards for this mixed use
development would create a more unique development than the typical commercial
development that consists only of retail and office pad sites surrounded by surface
parking.
4. Concept Plan and Development Standards:
a. Concept Plan. The purpose of the Concept Plan is to provide an overall general
design layout that shows the general locations of uses as well as the location of
streets, water features, and open space areas. The Concept Plan is intended to
guide the preparation of the site plan. The site plan is a more detailed exhibit,
which will come forward for consideration for approval by the P&Z and/or Council
along with a preliminary plat at a subsequent date, if this zoning request is
approved as proposed.
Page 4 of 12
The applicant’s Concept Plan, if approved, becomes part of the proposed zoning
ordinance establishing the use and development regulations for this PD1-2
planning district. The Concept Plan shows where the mixed uses would be
located on the tract, as well as various public/common areas, plaza, conference
center, public buildings such as a Town Hall, and water features for this site. The
developer/owner has indicated willingness to also designate a fire station site on
the site plan to be submitted (if zoning is approved). All of these uses are
designed to integrate, flow together and work harmoniously as a village, or in
planning parlance, a mixed-use development.
While the applicant has indicated that they wish to make use of the site’s natural
beauty with its topographical variation (i.e. - rolling terrain), extensive
improvements will be made to it after zoning is determined. The improvements
contemplated on the site are extensive and include landscape and water features
as well as streets and other infrastructure. The applicant will, if rezoning is
approved, propose construction of these public improvements to be funded by a
public improvement district (PID). PID’s may be created under State law and
approved by the Town, but creates no financial obligation for the Town (i.e. the
Town will not be responsible for repayment of the PID bonds, rather the PID
bonds will be paid solely through assessments on the improvements inside and
only inside the development). PID’s are a commonly used tool used by
municipalities to facilitate a community development, while at the same time, not
burdening the municipality financially. There are also other public financing tools
available that may be utilized, if they are determined to be a better tool than a
PID. If another economic development tool is utilized other than a PID, it too
would be configured to place no financial liability on the Town.
b. Development Standards. The Development Standards for this Planning District
intend to establish standards to achieve the goal of a site design that creates
community with a balanced sustainable mix of uses blended as a village.
According to these Development Standards, buildings are multi-use and follow
the size, scope, scale and variety of a small European village. Further, the
Development Standards intend to promote an efficient pedestrian access
network between residential and non-residential uses. The physical relationship
between the development, adjacent properties, public streets, neighborhoods,
and the natural environment is created by:
• Site design that mimics the efficient pedestrian patterns that have evolved
in European villages
• High quality street and sidewalk-oriented environments that support
pedestrian mobility and are appropriate to the roadway context
Page 5 of 12
• Ensuring large sites are developed in a manner to support and encourage
connective, cohesive visual identity, and attractive street scenery.
Key design elements have been identified in these Development Standards
which are intended to achieve this type of development. They are: 1.) centrally
located parking areas, 2.) use of structured parking, 3.) building size and shape
variety, 4.) varied orientation of buildings to other buildings and the street, 5.)
multiple building faces (4-sided building architectural design), 6.) pedestrian
friendly environment and 7.) use of public art as well as sitting and gathering
spaces throughout. The Standards espouse being flexible enough “…for creative
building solutions, while being prescriptive enough in areas necessary to
preserve consistency throughout the development...”
Key development features identified in the Development Standards include a
plaza, amphitheater, waterfront homes, bridges and water features, chapels,
open space with trails and landscaping as in a European village (not suburban
commercial development type landscaping).
5. Proposed Design, Pace of Development, Building Size Minimums, Integration
of Uses, Density, and Setbacks:
a. Design and Integration of Uses. It should be noted that, while this is a mixed
used development in terms of land use, it is unlike almost all other mixed use
developments that staff is aware of (many of which are located in an urban core
area or seek to replicate that experience). While it does incorporate multiple
uses as many mixed use developments do, it incorporates multiple uses via the
use of the “village concept”. Multiple types of uses are designed as village,
configuring and integrating these uses in a harmonious manner around a large
water feature, plazas, an amphitheater, bell tower, chapel, public buildings, as
well as and other common area design features and open space. The outcome
of such a design approach is to integrate these uses to achieve a unique sense
of place as a European village where people can gather, live, work, entertain,
shop, and recreate. This is a very different approach to the more traditional (in
this country) Euclidian type zoning approach that has been prevalent since World
War II which sets land uses in separate districts, thus separating commercial and
residential land uses, consequently largely separating the interaction of various
population groups.
b. Density and Setbacks, Minimum Building Size, Pace of Development.
Because these multiple uses are integrated in the mixed use village-type fashion
proposed, density is dealt with differently. While this development achieves
higher density than a typical single family residential development (in many
Page 6 of 12
cases there are no building setback requirements as in a traditional zoning
districts), the visual impact of this density is different because density is impacted
positively by the presence of significant open spaces and gathering spaces into
the design (see the proposed Concept Plan), thus integrating the uses. These
open spaces, typical of a village, include water features, plazas, amphitheater,
bell tower, public art, chapel, public buildings, as well as and other common area
design features.
There are a total of 322 residential units included in this zoning request. There is
more than one type of residential use proposed: Single Family Residential
Detached, Villas , and Townhomes (fee simple owner occupied). It should be
noted that no apartments or condominiums are proposed in this rezoning
application.
In order to insure that this will be a true mixed use development and that
residential construction will not outpace or be built first in lieu of non-residential
construction, pace of development is defined in the proposed ordinance
regulating this rezoning request as follows:
• For the first year of active development (as defined from the date of the
first vertical construction building permit application for PD1-2), the
owner/developer shall be entitled to permit up to 30 Residential Units.
• From Residential Unit 31 forward, the owner/developer must demonstrate
to the Westlake Building Official that a.), for Residential Units 1-30, a ratio
of 1,500 sq. ft. of non-residential use building space has been permitted
for each Residential Unit building permitted thus far and b.) that this same
ratio will be maintained for Residential Unit 31 forward.
• The owner/developer is to maintain a database illustrating conformance to
this requirement to the Westlake Building Official and include an up-to-
date report with each new Residential Unit building permit application.
Non-residential use buildings must be substantially outwardly completed
within six (6) months of being included in the 1,500:1 Residential Unit
calculations.
Other non-residential developments often use Floor Area Ratio (FAR) to regulate
density. FAR is the ratio of a structure’s square footage to the pad site. With this
proposed Ordinance, the zoning would not utilize FAR to regulate density, but
would limit density by height restriction and lot area coverage.
Setbacks are set at “no minimum” for front, rear, and side yards to facilitate
mixed use development. Minimum residential building (single family and town
homes) sizes are set out in Exhibit 7 of the proposed Ordinance. Minimum
Page 7 of 12
building size is set at 400 sq. ft. for non-residential primary use structures to
facilitate mixed use design for the development.
c. Design Guidelines, Building Design, Lighting, Parking, and Architecture.
The Design Guidelines establish design principles for PD1-2 that shape building
design including building massing, scale and rhythm, architectural elements,
entrances, façade treatments, lighting, signage, and streetscape. Each
permanent structure must have building elevation review and approval
from the Town prior to issuance of a building permit. Additionally, only
durable materials such as clay fired brick, natural stone, granite, marble, stucco,
and manufactured stone or EIFS (when approved on a case by case basis via
the Site Plan approval process), and will be considered primary materials for
buildings in Westlake Entrada. Native Texas stone materials will be given
primary consideration in the building material selection process. Primary
materials as describe here must comprise at least 80% of each floor, excluding
windows and doors. Other building material standards are contained in the
proposed Zoning Ordinance for this request as well. Architecture will emphasis
Spanish-Mission or Spanish type architecture. Four-sided architecture is
required for all buildings. Residential and townhomes structures must have have
80% stone exterior wall materials.
No composition roofs are allowed. Roofing materials are limited to natural slate
or authentic clay tile, or have the appearance of slate or clay tile. Flat roofing
systems may me used where appropriately masked from street-level view
corridors by parapets and/or other architectural features. Standing seam metal
roofing may only be used for minor areas such as porches and patios and in
areas not generally visible.
A lighting plan must be submitted at the site plan stage. Lighting must meet
reflect Town standards established by ordinance. Limited up-lighting may be
considered in the lighting for the chapel, bell tower, and town hall. Overhead
lighting for public and private parking areas must use full shielded and/or full cut-
off fixtures.
Parking standards for a mixed-use development are set out in the proposed
Zoning Ordinance. Additionally, other Town ordinances for parking apply unless
a parking analysis for a specific use is provided at site plan application and
approved by the Town. Parking garages are permitted, however, if they are
visible from streets or adjacent property, they shall have an architecturally
finished façade compatible with surround buildings and look like a regular
Page 8 of 12
building, not a parking garage, unless approved otherwise by the Council via the
site plan process.
d. Sign Regulations. Sign regulations proposed in the Sign Standards for this
rezoning request are the same or similar to those used on Planning Districts
located in the property known as the Circle T Ranch in Planning District 3-4.
Additionally, the Design Guidelines speak to signage in this development as well.
6. Financial Impact Analysis.
Should this zoning change request be approved, infrastructure construction for the
development is the responsibility of the owner/developer. Impact of this zoning
change request on Town services has been analyzed.
Public safety services (i.e. police, fire, and EMS) have much capacity at current
levels and thus, 1.) this development would not add cost in that regard and 2.) it
would generate revenue to support existing levels of public safety service for the
remainder of the Town.
Water and sewer capacity exists to serve this development, although the developer
is responsible for the cost of installation of water and sewer infrastructure within this
development as well as any off-site water and sewer lines necessary to connect this
property to the Town’s water and sewer system.
Street infrastructure within the development would be constructed at the
developer’s cost and if the streets within the development are proposed to be
dedicated to the Town, the Town (at the time of platting and site plan consideration)
will require the developer/owner to create a home owners’ association (or similar
type organization) to be responsible for funding street maintenance costs.
Any improvement identified by the required traffic study that shows this
development creates the need for traffic signals on FM 1938 or Solana Boulevard
or any other improvements (i.e. widening) to Solana Boulevard will be the
developer’s cost responsibility and will be addressed via a development agreement
required prior to approval of the preliminary plat. Finally, costs of installation and
maintenance of any publicly accessible open space or trails within the development
will be the responsibility of the developer/owner and will be addressed by
development agreement considered prior to the preliminary plat.
7. Utilities:
Water and sewer utilities are to be provided by the Town and service is available to the
subject site. Any dedication of water and sewer easements for public lines will be dealt
Page 9 of 12
with at the time of preliminary plat approval. All on-site and off-site water and sewer
improvements necessary to serve the development are the developer’s responsibility.
8. Access/Site Boundary Streets/Thoroughfare Plan:
The subject tract is served by SH 114, FM 1938 (Davis Boulevard), and Solana
Boulevard. FM 1938 is classified as a major collector by the Town’s approved
thoroughfare plan in the Approved Comprehensive Plan, while Solana Boulevard is
classified as collector . FM 1938 was recently improved and was designed with the
capacity to serve this site. Streetscaping alongside of the site adjoining FM 1938 will
need to comport to the Town’s FM 1938 Streetscape Plan. Solana Boulevard adjoining
the south side of this tract presently is constructed only as one-half of a future 4 lane
divided (median) roadway. As such, the northern 2 lanes of Solana Boulevard will need
to be constructed adjacent to this tract to provide adequate safety, traffic movement,
access and capacity to serve this site on its south side. Solana Boulevard improvement
will be a requirement stipulated in a development agreement that will be approved at the
time of the site plan/plat approval (which will be considered at a future date). The
applicant has prepared a traffic impact analysis of their development that staff has used
as a part of making these determinations. The applicant will be required to pay a pro-
rata share of the costs for signalization of the intersection of Davis Blvd. and Solana
Blvd. when traffic levels warrant it.
Streets internal to the PD1-2 Planning District will be laid out and established through
the site plan and platting approval process at a future date, at which time determinations
will be made as to their location, capacity, and status as public or private streets. All
streets, public or private, within the development will meet the Roadway Design
Standards included in this Ordinance. If streets are to be public, they will be dedicated
by plat.
Ingress/egress points (driveways) to the site are shown on the concept plan, but will be
finalized at the time of site plan approval. Ingress/egress is shown on FM 1938 and
Solana Boulevard. There is no ingress/egress point proposed to SH 114 on the north
side of the site (this is controlled by TxDOT and involves significant utility relocation if a
driveway point were to be pursued for this location.)
9. Infrastructure(Generally)/Roadway Design Standards/Drainage:
a) Infrastructure (Generally). The applicant has submitted a Concept Plan
for the proposed use on the proposed PD1-2 site which is attached and
becomes part of the proposed zoning ordinance establishing the uses and
development regulations for this planning district. The Concept Plan
shows the general locations of internal street infrastructure, ingress/egress
Page 10 of 12
points, as well as general locations of various common areas and water
features for this site. While the developer has indicated that they wish to
make use of the site’s natural beauty with its topographical variation (i.e. -
rolling terrain), extensive improvements will be made after zoning is
determined. The improvements contemplated on the site are extensive
and include many landscape and water features as well as streets and
other infrastructure. These improvements are the developer’s
responsibility. The Town may, however, decide in the future to consider
economic development tools, as allowed by State law, for certain aspects
of site development (for example, the water feature). These economic
development tools include a public improvement district (PID) or a tax
increment reinvestment zone (TIRZ), that would be negotiated by separate
agreement. Further, these would be configured so there is no financial
obligation on the Town’s part. PID’s and TIRZ’s are a commonly used
economic development tool used in situations like this by Texas
municipalities Texas to facilitate a development while not burdening the
municipality financially.
b) Roadway Design Standards. All streets within the development,
whether private or dedicated to the Town, shall meet the Town’s
construction standards. Additionally, design standards regarding street
widths, with and without parking, for this development, would be
established by the Roadway Design Standards adopted with this
Ordinance.
c) Drainage. Storm water run-off from the site as developed must meet the
Town’s standards and likely will make use of the water feature shown on
the Concept Plan to meet those requirements.
10. Landscaping, Parking and Streetscaping Requirements:
a. Landscaping and Parking. Because a Concept Plan is general in
nature, it is not intended to show a detailed landscape plan or parking
plan. A detailed landscape plan and parking plan will be required to be
submitted at the time of site plan submittal when it is brought forward at a
later date for consideration. Landscaping for this development is also
described in the Development Standards for this development that would
be adopted with the Ordinance. Landscape standards, as proposed in this
Ordinance, would be different than in other zoning districts based on the
unique nature of this development as a village. Parking as it relates to
street design within the development is also described in the Design
Guidelines for the development that would be adopted with the Ordinance.
Page 11 of 12
Detailed parking requirements are contained in the proposed Zoning
Ordinance for this request. If a use is proposed with parking requirements
different from those in Town ordinance, a parking analysis must be
submitted with the site plan for consideration and possible approval by the
Town.
b. Streetscaping. A detailed streetscaping plan will be shown on the
site plan. The development should comport, on its FM 1938 perimeter,
with the Town’s FM 1938 Streetscape Plan. Additionally, this
development’s entire perimeter streetscape is shown in general form on the
Concept Plan (but will be developed in detail at the time of site plan
submittal) and should integrate and transition well in terms of aesthetics
with any development that occurs at the southeast corner of FM 1938 and
Solana Boulevard. The site’s perimeter streetscaping, if including
decorative walls, should include a short (not greater than 3.5 feet in height)
masonry wall along FM 1938 and Solana Boulevard (so the village is
visible from FM 1938 and Solana Boulevard). Also, streetscape design
internal to the development is established within the Design Guidelines that
would be adopted with the Ordinance.
11. Pedestrian Circulation and Trail-Sidewalk Connectivity Both Internally and
along the Site Perimeter:
Connectivity of this zoning district to the Town’s public hike/bike trail should be
contemplated by the applicant in their Site Plan submittals. Sidewalks and trails internal
to the site will need to connect, by access points, to sidewalks, trails, or pubic rights-of-
way on the perimeter of the site as well as to sidewalks or trails on adjacent tracts. All
these considerations should be finalized at the time of site plan and preliminary plat
consideration. The Concept Plan does show a pedestrian trail on their site running in a
general east-west direction connecting the Solana office park to east with FM 1938.
The trail is proposed in part to parallel the water feature at certain locations along its
route through the development. This proposal meets the trail plan in the Town’s
Comprehensive Plan.
12. Open Space/Parkland Dedication
Open space for PD1-2 shall contain 20% open space as a minimum with said open
space determined at site plan. Park land dedication fees shall be dealt with during site
plan or platting, unless otherwise agreed to by separate agreement approved by the
Town Council.
Page 12 of 12
_______________________________________________________________
III. STAFF RECOMMENDATIONS
Staff recommends approval of this zoning change request with the adoption of this
Ordinance which includes a legal description of subject site, Development
Guidelines, Design Standards, Residential Development Standards, Roadway
Design Standards, and Concept Plan for Planning Area 2, PD1-2.
Further, Staff wishes to note the items identified above that will be dealt with at
submittal of the site plan and/or preliminary plat for this development (note: this is
not the final list of site plan and platting items, only those things identified in this
report). These include:
• Dedication of water and sewer easements for public lines. All on-site and off-
site water and sewer improvements necessary to serve the development are
the developer’s responsibility.
• Solana Boulevard additional lanes on the south side of the subject tract shall
be constructed by the developer as stipulated in a development agreement to
be executed at site plan/plat approval.
• The developer shall pay, via a development agreement, a pro-rata share of
the costs for signalization, per a traffic impact study approved by the Town, of
the intersection at Davis Blvd. and Solana Blvd or any other intersections
near or on his development.
• A detailed landscape plan and parking plan must be submitted with the Site
Plans.
• A detailed streetscaping plan shall be submitted showing how it will be
integrating and transitioning well in terms of aesthetics with the development
at the southeast corner of FM 1938 and Solana Boulevard.
• Sidewalks and trails internal to the site will need to connect by access points to
sidewalks, trails, or pubic rights-of-way on the perimeter of the site as well as to
sidewalks or trails on adjacent tracts.
1
Item Three, Ordinance 702
Change One
Page 14 – both references to Exhibits should be Exhibit “A”
Item Four, Ordinance 703
Change One:
Page 35 - Exhibit “A” of Ordinance 703, Section3.1
Section 3.1 Pace of Residential Use Development within PD1-2:
3.1.1 First Year of Active Development: Developer is entitled to ten (10) residential units initially.
After the initial ten (10) units, Developer is entitled to units eleven (11) through (30) after
45,000 non-residential air conditioned square footage is permitted. “First year of active
development” is defined as beginning on the date of the issuance of the first vertical building
permit for PD1 Planning Area 2 (PD1-2).
3.1.2 From Residential Unit 31 forward, Developer must demonstrate to the Westlake Building
Official that the 45,000 air-conditioned square feet of non-residential building space (as set out
in 3.1.1) is substantially completed, and that for Residential Unit 31 forward, Developer must
also demonstrate to the Westlake Building Official that a ratio of 1,500 sq. ft. of non-residential
use building space has been permitted for each additional Residential Unit permitted.
3.1.3 Developer is to maintain a database illustrating conformance to this requirement to the
Westlake Building Official and include an up-to-date report with each new Residential Unit
building permit application. Non-residential use buildings must be substantially outwardly
completed within six-months of being included in the 1500 :1 ratio, which is 1500 square feet
of non-residential to each Residential Unit calculations.
Change Two:
Page 80 - Should say Exhibit 4. ( Not currently labeled.)
Change Three:
Page 35, 7th line from bottom – Exhibit 7 should be Exhibit 6
2
Change Four:
Page 20, section 2 – add the words “set out as Exhibit ‘A’” after “amended by this PD ordinance”
Change Five
Page 30 Antique store to “S” (by SUP)
Change Six
Change “clothing store” to show “X” in both columns
Change Seven
Page 38 - Section 11.4
Change wording as follows: “1. Only durable materials shall be allowed as primary exterior wall
materials. Primary materials include clay fired brick, natural stone, granite, marble, stucco, and, when
approved by Town Council, manufactured stone.”
Change Eight
Section 11.4
Change wording as follows: Remove second sentence and replace with: “2. EIFS shall not be used as an
exterior building material.”
Change Nine
Add the three mentioned slides to Exhibit 6 if add condos.
Change Ten
Add 4.2 “Residential condominiums. Residential condominiums are only allowed by SUP as shown in
Exhibit 6.”
If add this section, the usage tables should also be changed to reflect this addition.
The numbering should be adjusted to be sequential
Change Eleven
Add definition of residential condominium. “Residential condominium means a building or complex of
buildings on a single platted lot containing a number of individually owned residential units with certain
jointly owned elements such as grounds and walkways.” Or a definition recommended by the Town
Attorney.
3
Change Twelve
Under “Amusement/Regulation” add “Bowling Alley” with an “S” for SUP.
Change Thirteen
Change wording on page 73 to read as follows: “Most public streets, private streets, plazas, gathering
areas, alleys and/or pedestrian access corridors within Westlake Estrada may have minimal landscaping,
so long as it does not interfere with transportation or pedestrian access, to retain authenticity to the
small European Village. Some plantings may be accommodated in large-scale containers, so that they
may be relocated for public events.”
Change Fourteen
Change to minimum square footage for Townhomes to 1800.
Change Fifteen
Exhibit 7
Change as follows:
Unit Mix ratios table
Eliminate category 1200-1800
113 units for the 1800-2500 category
110 units for the 2500-3600 category
98 units for the 3600-12,000 category
Add:
Condominiums
TBD by SUP
Change Sixteen
Page 33 – Table add
Signature Bridge (exterior all stone) as approved by site plan
Change Seventeen
Page 41 – Section 11.13 Remove words “EIFS or”
ORDINANCE 703
PAGE 1 OF 91
TOWN OF WESTLAKE
ORDINANCE NO. 703
PD1-2
PLANNED DEVELOPMENT 1
PLANNING AREA 2
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF
THE TOWN OF WESTLAKE, TEXAS TO AMEND THE ZONING FOR AN
APPROXIMATELY 85.9 ACRE TRACT OF LAND IDENTIFIED AS PLANNING AREA
2 OF THE PD1 PLANNED DEVELOPMENT DISTRICT (PD1-2) GENERALLY
LOCATED IN THE TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS;
AMENDING THE PERMITTED USES BY ADDING RESIDENTIAL AND
ENTERTAINMENT USES TO THE OFFICE AND RETAIL USES CURRENTLY
PERMITTED IN THE “PD1” PLANNED DEVELOPMENT DISTRICT THEREBY
CREATING A MIXED-USE “VILLAGE STYLE” ZONING DISTRICT; DEFINING
CERTAIN TERMS; DESCRIBING AND INTERPRETING THE PD CONCEPT PLAN;
REGULATING PERMITTED USES, HEIGHT, LOT SIZES, BUILDING LINES,
MINIMUM FLOOR AREA, PARKING, LANDSCAPING, DRAINAGE AND OTHER
DEVELOPMENT STANDARDS AND; PROVIDING A SAVINGS CLAUSE; A
PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, on August 24, 1992, the Westlake Town Council adopted a Comprehensive
Plan (the "1992 Comprehensive Plan") for the Town; and
WHEREAS, on November 16, 1992, the Westlake Town Council (sometimes referred to
as the "Council") of the Town of Westlake, Texas (the "Town"), adopted a Comprehensive
Zoning Ordinance (the "Zoning Ordinance"); and
WHEREAS, the Zoning Ordinance has been amended by the Council after receiving
recommendations from the Planning and Zoning Commission (the "Commission"); and
WHEREAS, on September 15, 1997, based on the recommendations of the Commission,
the Board amended the Zoning Ordinance and the subdivision regulations by the adopting of a
Unified Development Code (the "UDC") for the Town; and
WHEREAS, the Town of Westlake’s Land Use Map contained in its Comprehensive
Plan, was substantially amended in 2004 to reflect used in zoning granted by the Town in the late
1990’s; and
WHEREAS, there is located within the corporate limits of the Town of Westlake an
approximately 85.9 acre tract of land (commonly known as Planning Area 2 of the PD1 zoning
district being the portion of the PD1 zoning district bounded by Solana Boulevard to the south,
FM 1938 “Davis Blvd.” to the west, and SH 114 to the north); and
ORDINANCE 703
PAGE 2 OF 91
WHEREAS, because of the size, location, and natural features of the Planning Area and
the Town's need for public infrastructure, amenities, and services, the Town has a critical interest
in the development of the Planning Area and is encouraging such development to the highest
possible standards of quality consistent with the Town's long-term development vision; and
WHEREAS, because of improvements to FM 1938 (Davis Blvd.), further urban growth
throughout the region, and other changed conditions that affect the region, the Town believes
there are unique and significant opportunities for new and unique mixed-use development within
the Pla nning Area that will be consistent with the Town's long-term development vision; and
WHEREAS, the suitability of the Planning Area for such planned uses can be enhanced
through modifications to the development regulations governing the Planning Area, including
modifications to the zoning, subdivision and other standards otherwise applicable under the
UDC; and
WHEREAS, the economic development and land use planning objectives of the Town
will be furthered by the amendment of PD 1-2; and
WHEREAS, the Commission held a public hearing upon the application of Centurion
American to amend the Comprehensive Plan to establish PD 1-2 and approve zoning for PD 1-2
on April 15, 2013, as well as the Town Council held a public hearing on this same application on
April 22, 2013 after written notice of such hearing having been sent to owners of real property
being within 200 feet of the property and notice being published in a newspaper of general
circulation in the Town, all in accordance with law; and
WHEREAS, upon the recommendation of the Planning and Zoning Commission, the
Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of
the Town and its citizens that the amendments (Exhibit “A”) to the Westlake Code of
Ordinances should be approved and adopted; and
WHEREAS, the Council believes that the interests of the Town, the present and future
residents and citizens of the Town, and developers of land within the Town are best served by
adopting this Ordinance, which the Council has determined to be consistent with the 1992
Comprehensive Plan and its Land Use Map, Thoroughfare Plan, and Open Space Plan, all as
amended to date;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That the recitals set forth above are hereby incorporated herein, adopted
by the Town and declared to be true and correct.
SECTION 2: That the Comprehensive Zoning Ordinance of the Town of Westlake,
Texas, Ordinance No. 202 as amended by Ordinances 588 and 691, is hereby amended by this
PD Ordinance, set out as Exhibit “A”, by amending the Planned Development District PD1,
Planning Area 2 (PD1-2) within the property described in Exhibit 1 attached hereto by reference
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for all purposes. This Planning Area will be subject to the concept plan, development standards
and other regulations attached hereto as Exhibits 2 thru 7.
SECTION 3: 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 unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such 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
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4: That all provisions of this Ordinance not hereby amended shall remain in
full force and effect.
SECTION 5: That this Ordinance shall be cumulative of all other Town Ordinances and
all ot her provisions of other Ordinances adopted by the Town which are inconsistent with the
terms or provisions of this Ordinance are hereby repealed.
SECTION 6: 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 ($2,000.00) for each offense. Each day that a violation is
permit ted to exist shall constitute a separate offense.
SECTION 7: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS, ON THIS 22nd DAY OF April, 2013.
_____________________________
ATTEST: Laura Wheat, Mayor
____________________________
Kelly Edwards, Town Secretary
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
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EXHIBIT A
PD1 PLANNING AREA 2 (PD1-2)
MIXED-USE “VILLAGE” PLANNED DEVELOPMENT
Contents
ARTICLE I. GENERAL PROVISIONS ............................................................................................... 5
SECTION 1 SHORT TITLE ........................................................................................................... 5
SECTION 2 PURPOSES ................................................................................................................ 5
SECTION 3 GENERAL DEFINITIONS......................................................................................... 5
SECTION 4 APPLICABILITY OF EXISTING REGULATIONS .................................................... 7
SECTION 5 CONCEPT PLAN, DEVELOPMENT PLANS, AND SIT E PLANS. .......................... 7
ARTICLE II. USES .............................................................................................................................. 8
ARTICLE III. DEVELOPMENT STANDARDS ................................................................................. 18
SECTION 1 DENSITY ................................................................................................................ 18
SECTION 3 MINIMUM LOT WIDTH ........................................................................................ 18
SECTION 4 MAXIMUM BUILDING HEIGHT .......................................................................... 19
SECTION 5 MINIMUM BUILDING SIZE.................................................................................. 19
SECTION 7 REAR YARD SETBACKS ...................................................................................... 19
SECTION 9 SLOPE REQUIREMENTS ...................................................................................... 19
ART ICLE IV. EXHIBITS ................................................................................................................... 33
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ARTICLE I. GENERAL PROVISIONS
SECTION 1 SHORT TITLE
This ordinance shall be known and may be cited as the "Planned Development 1, Planning Area
2 (“PD 1 -2”) Village Planned Development Zoning District Ordinance.” or simply as the "PD1-2
Ordinance".
SECTION 2 PURPOSES
This PD Ordinance is adopted to establish a super ior quality mixed-use development with design
features and planning elements reminiscent of a European pedestrian scaled village. The
Ordinance provides for the integration of vertical and horizontal mixed uses that allow
commercial, retail, governmental, hotel, and entertainment uses as well as S ingle-family
detached and Townhome residential uses on the property bounded by Solana Boulevard to the
south, FM 1938 (Davis Blvd.) to the west, and SH 114 to the north, and to provide an appropriate
transition bet ween the intensity of the SH 114 Corridor to the north and the existing and
anticipated residential development to the south.
SECTION 3 GENERAL DEFINITIONS
For purposes of this PD Ordinance, certain numbers, abbreviations, terms, and words shall be
used, interpreted and defined as set forth in this Section. Other terms and words are defined
elsewhere in this PD Ordinance. Unless the context clearly indicates to the contrary, words used
in the present tense include the future tense, and words used in the plural include the singular.
The word "shall" will be interpreted as mandatory, and the word "may" as permissive.
Section 3.2 Words and Terms Defined
Applicable Town Ordinances means the UDC and all other ordinances, rules, and regulations
that are adopted by the Council at the time of the Adoption of this PD Ordinance and that are
applicable to development within the PD District.
Council means the Town Council of the Town of Westlake, Texas.
Condominium (residential) means is the form of housing tenure and other real property where a
specified part of a piece of real estate is individually owned, while use of and access to common
facilities in the piece such as hallways, heating system, elevators, exterior areas is executed
under legal rights associated with the individual ownership and controlled by the association of
owners that jointly represent ownership of the whole piece.
Commission means the Planning and Zoning Commission of the Town of Westlake, Texas.
Developer means the developer of the tract, or any portion of said tract, covered in this
Ordinance as described in the legal description for said entire tract set out in Exhibit 1 to this
Ordinance.
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Floor area ratio (FAR) means the ratio of floor area to lot area. Floor area means the total area of
all floors of all buildings on a lot or unified development site measured between the outer
perimeter walls of the buildings excluding (i) area in a building or in a separate structure
(whether below- or above-grade) used for the parking of motor vehicles, (ii) courts or balconies
open to the sky, and (iii) roof area used for recreation.
Lot area means the gross site area excluding only (a) public roadways shown on the PD Concept
Plans, (b) public hike, bike, and equestrian trails shown on the PD Concept Plans; and (c) the
Town edge landscape zone.
Masonry means brick, stone, cast stone, concrete, glass block, split-face concrete masonry unit,
or other masonry materials approved by the Commission and/or Council.
PD Concept Plan means any one or more of the drawings attached to this PD Ordinance and
labeled "PD Concept Plan" (all of which plans are deemed part of the PD Concept Plan and this
PD Ordinance).
PD District means the Planned Development Zoning District or Planning Area established or
amended by this PD Ordinance.
PD Ordinance means this Planned Development Zoning District ordinance, including the PD
Concept Plan.
Planning Area means an area within a Planned Development zoning district, the boundaries of
which have been approved by the Town, which may have Permitted Uses and Development
Regulations that are only applicable to the Planning Area.
Residential Unit : Any Building to designed, constructed, and intended to be occupied by a
Single-Family.
Single-Family, Detached Residential Unit : A Single-Family Residential Unit that may be
conveyed with a fee-simple, platted lot and that has no common walls with another structure.
Town means the Town of Westlake, Texas or the appropriate Town staff when designated as a
reviewing agent.
Townhome: A Residential Unit attached to additional Residential Units and/or Non-Residential
Uses, that may be conveyed with a fee-simple, platted lot.
Town Manager means the Town Manager of the Town of Westlake or his/her designee.
UDC means the Town's Unified Development Code, or the development related chapters of the
Code of Ordinances as it exist at the time of the adoption of this PD Ordinance.
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SECTION 4 APPLICABILITY OF EXISTING REGULATIONS
Section 4.1 Applicable Town Ordinances
Except to the extent provided by the PD Concept Plan and this PD Ordinance, development
within the PD1-2 Planning Area shall be governed by the Applicable Town Ordinances. In the
event of any conflict between (i) the PD Concept Plan and this PD Ordinance, and (ii) the
Applicable Town Ordinances, the terms, provisions and intent of the PD Concept Plan and this
PD Ordinance shall control.
Section 4.2 General Approval Criteria
To the extent, if any, that the Applicable Town Ordinances (and, in particular, the subdivision
regulations of the UDC) grant to the Council, the Commission, the Town Planner, or any other
Town employee or consultant, the authority to approve any aspect of development within the PD
District (including, but not limited to, preliminary or final plats or any aspect thereof or any
agreements or permits related thereto) based on conformity with the Town's Comprehensive
Plan, Open Space Plan, Thoroughfare Plan, Master Water and Sewer and Master Drainage Plans
(or with the objectives, goals or policies of such plans), then such authority shall be exercised to
the extent necessary to determine whether the aspect of development being approved is
consistent with the PD Concept Plan, this PD Ordinance, and the objectives, goals, and policies of
such plan and ordinance.
SECTION 5 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS
Section 5.1 PD Concept Plan
The PD Concept Plan attached to this PD Ordinance consists of drawings and documents
generally labeled as (1) "Concept Plan" and (2) “Concept Plan Key” Except as otherwise
provided by this PD Ordinance, each of these drawings and documents are a part of this PD
Ordinance, and all graphic depictions and Concept Plan details included in the Concept Plan Key
are considered "regulatory" standards. The drawing labeled "Concept Plan" identifies the general
boundaries of the PD District. The exact boundaries of the PD District are shown on the metes
and bounds description attached hereto as Exhibit 1. Any infor mation shown on this drawing
that is outside the boundaries of the PD District is not considered part of the PD Concept Plan or
this PD Ordinance and does not bind or otherwise affect development within the PD District.
Section 5.2 PD Development Plan
If the Council requires, as a condition of establishing the PD district and approving a PD concept
plan, that PD development plans be submitted prior to submittal of a PD site plan, a PD
development plan may be prepared and submitted for the entire developme nt at one time or for
individual phases of development. Each plan shall be submitted in 15 copies to the Town
Manager or his designee. Each PD development plan shall be accompanied by (i) a development
plan informational statement and (ii) a preliminary dr ainage study for the area covered by the
proposed plan. If deemed necessary by the Town Manager, the applicant for a PD development
plan shall also submit an updated traffic impact analysis prior to Commission action. A PD
development plan may be used where the developer requests or the Commission and/or Council
requires certain standards for the PD district to be specified after initial establishment of the PD
district, and constitutes an amendment to the approved PD concept plan and PD Ordinance. A
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PD development plan includes more detailed information as to the specific land uses and their
boundaries. The purposes of a PD development plan are to allow flexibility in the development
process by deferring specification of all development standards at the time of PD district creation
and to enable developers to satisfy conditions imposed on creation of the district prior to
submittal of a PD site plan
Section 5.3 PD Site Plans
A PD site plan is mandatory and is the final step of the PD development process. The purposes
of a PD site plan are to ensure that the development of individual building lots, parcels, or tracts
within the PD district are consistent with the approved concept plan and development plan, if
any, and to ensure that the standards applicable within the PD district are met for each such lot,
parcel or tract. A PD site plan shall continue to be valid for a period of four years after it is
approved by the Commission; however, such period may be extended by the Council a PD site
plan shall terminate at the end of such four-year period (or extended period if approved by the
council) unless, within such period, a preliminar y plat has been filed with the Town for all of the
land covered by such PD site plan. If a PD site plan terminates, development of the land covered
by the terminated plan cannot occur until a new PD site plan has been approved for the land as
provided by this article.
Variances to the regulations contained in this PD ordinance, may be approved by the Town
Council via a Site Plan approval if the Site Plan approval process adheres to the same
notification and public hearing process that a zoning change is required to adhere to by State law.
ARTICLE II. USES
SECTION 1 LAND USE SCHEDULE
Buildings, structures, and land within the PD1-2 Planning Area shall be used only in accordance
with the uses permitted in the following "Land Use Schedule". The symbol "X" shall mean that
the use is per mitted as a principal use by right. The symbol "S" shall mean that the principal use
is permitted only after first obtaining a "Specific Use Permit" as set forth in the UDC. The
symbol "A" shall mean that this use is specifically permitted as an accessor y use to a main use
(this does not exclude other land uses which are generally considered accessory to the primary
use). A blank square shall mean that the use is not allowed by right as a principal or accessory
use. The symbol “NSA” shall mean that the use was not specifically addressed in the original
1992 Zoning Ordinance Land Use Schedule referenced by the original PD1 ordinance.
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PD1 PLANNING AREA 2 (PD1-2) – MIXED-USE DEVELOPMENT
LAND USE SCHEDULE
PERMITTED USES
X=Permitted, A=Accessory Use, S=SUP, NSA= Not Specifically Addressed in the
PD1 use table, Blank= Not Allowed, (*) Signifies Uses with special guidelines,
see section [Special Uses] PD1 PD1-2
AGRICULTURAL USES
Community Garden and/or Vineyards NSA X
Farms General (Crops) X X
Farms General (Livestock, Ranch) X X
Orchard X S
Plant Nursery (Growing) X S
Plant Nursery (Retail Sales) X S
Stables ( As a Business) S
Stables (Private Use) S S
Veterinarian (Indoor Kennels) X
Veterinarian (Outdoor Kennels)
Wind Turbines
RESIDENTIAL USES
Detached Garage (Private) NSA A
Servants/Caretakers Quarters* A A
Single-Family Attached (Townhome, Brownstone) X
Single-Family Detached X
Condominium (residential) S
Sport/Tennis Courts (Private) NSA A
Swimming Pool (Private) NSA A
Temporary Accommodation for Employees/Customers/Visitors* A A
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INSTITUTIONAL and GOVERNMENTAL USES
Child Daycare (Private; 7 or more)* X S
Child Daycare (Public; 7 or more)* X X
Church or Place of Worship (with accessory uses)* X X
Civic Club X X
Clinic X X
College or University X X
Community Center (Public) X X
Data Center NSA X
Electric Transformers NSA X
Electrical Substation S S
Emergency Ambulance Service (Governmental) X X
Fire Station X X
Government Building X X
Heliport/Helistop/Vertistop S S
Hospice X S
Hospital X S
Library X X
Nursing/Convalescent Home X X
Package and Mailing Service (Private) X X
Police Station X X
Post Office (Governmental) X X
Private Streets/Alleys/Drives NSA X
Psychiatric Hospital X S
Rehabilitation Care Institution NSA S
Retirement Home X X
School, K-12 (Private) X X
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School, K-12 (Public) X X
School, Vocational X X
Telecom, Electric, Cable and Fiber Optic Switching Station, Network Op
Center X X
Surgery Center – Overnight Stay NSA X
Use Associated with Religious Institution X X
Utility Distribution Lines (Buried)* X X1
Utility Distribution Lines (Overhead)* NSA X2
Utility Shop and Storage S S
Water and Sewer Pumping Station (above grade) X S
Water and Sewer Pumping Station (below grade) X X
Water, Sewer, Electric and Gas Meters X X
Water Storage Tank (Elevated or Ground) S S
COMMERCIAL USES
Accessory Building NSA A
Administrative, Medical, or Professional Office NSA X
Amphitheater – Public and/or Private - Over 300 seat NSA S
Amphitheater – Public and/or Private - 300 seat or less NSA X
Antenna and/or Antenna Support Structure, Commercial S S
Antenna and/or Antenna Support Structure, Non-Commercial X X
Antenna (Stealth, Commercial) X X
Antique Shop and Used Furniture X S
Aquarium, Bird and / or Pet Shop NSA X
Artisan’s Workshop Art Gallery and/or Studio NSA X
Assisted Living Facility NSA S
Athletic Fields, Public and/or Private (non lighted) NSA X
Athletic Fields, Public and/or Private (lighted) NSA S
Auto Parts Sales, Inside S X
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Automobile Car Wash NSA S
Automobile Parking Lot/Garage (Paid and/or Free) NSA S
Automotive Repair S
Antique shop X
Bakery – Custom with onsite production X X
Ballroom NSA X
Bank, Savings and Loan, or Credit Union X X
Barber Shop and/or Beauty Salon X X
Bed and Breakfast Inn (less than 12 rooms) NSA S
Beer, Liquor & Wine Package Sales S S
Bell Tower w/ Residential, Retail, Office and other vertically-integrated
uses NSA X
Boat Slips NSA X
Bicycle / Skateboard / Scooter Shop NSA X
Blacksmith Studio NSA X
Book or Stationery Store NSA X
Boat Slips NSA X
Building Material and Hardware Sales, (inside only) X X
Business Service NSA X
Butcher Shop – (Custom Meat Market) NSA X
Camera Store NSA X
Cafeteria (Private) NSA X
Candy – Confectionary Shop NSA X
Candy Shop with onsite production NSA X
Castle with adaptive re-use for Residential or any other approved use NSA X
Cathedral with adaptive re-use for Residential or any other approved use NSA X
Caretaker’s/Guard’s Residence A X
Chapel – Wedding Event Center NSA X
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Children’s Theater NSA X
Cigar and Tobacco Shop NSA X
Civic/Convention Center X X
Cloth Store X X
Cobbler / Custom Boot Maker Studio NSA X
Coliseum (Public Amphitheater) with or without attached Residential
Townhomes NSA X
Commercial Amusement, Indoor NSA X
Community Centers X X
Convenience Store X X
Country Club NSA X
Conference Center X X
Convenience Store without Gas Pumps X X
Convenience Store with Gas Pumps X S
Clothing store X X
Custom Clothier with on-site Tailoring NSA X
Dance Hall NSA S
Dentist and/or Orthodontist NSA X
Department Store NSA X
Dress Maker with onsite production NSA X
Drug Store / Pharmacy / Compounding X X
Dry Cleaning & Press-Shop X X
Electronics Store and/or Hobby Shop NSA X
Farmer’s Market (Indoor and/or Outdoor) NSA S
Film Developing & Printing NSA X
Firehouse with adaptive re-use into Residential or any other approved use NSA X
Florist NSA X
Fraternal Organization, Lodge, Fraternity, or Sorority NSA S
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Furniture, Home Furnishings and Appliance Store NSA X
Glass Blower NSA X
Grocery Store X X
Gymnastics/Dance Studio NSA X
Hardware, Sporting Goods, toys, paint, wall paper X X
Health/Fitness Center and/or Salon X X
Home Occupation (no more than 250 sq. ft) NSA X
Hospital and/or Hospice X X
Hostel (up to 40 beds) NSA S
Hotel – Major X X
Hotel penthouses higher than 735’ MSL NSA S
Hotel (Boutique or Limit Service) X S
Household Appliance Service and Repair NSA S
Household Furniture / Appliances X X
Insurance Office X X
Information processing X X
Jewelry Shop / Repair and/or Optical Goods Store X X
Laundromat NSA
Laundry/Dry Cleaning (Drop-off and pick-up only) X X
Locksmith/Security System Company X X
Massage Therapy, Licensed X X
Micro-brewery and/or Wine Production (< 30,000 sq ft) NSA S
Mobile Food Vendor NSA S
Multi-Purpose Event Center X X
Museum/Art Gallery X X
Musical Instrument Shop X X
Offices (General) X X
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Parking Structure X X
Performing Arts Center and/or Live Theater NSA X
Personal Services X X
Photography Studio X X
Print Shop, Minor X X
Private Club NSA S
Private Recreation Center X X
Public Water Feature (Lake, Moat, Waterway) NSA X
Real Estate Sales/Leasing Office X X
Restaurant or Cafeteria (Public) X X
Restaurant, Drive In X S
Retail Stores and Shops (excluding second hand goods) X X
Retail/Service Incidental Use NSA X
Salon X X
Service Station X S
Signature Bridges (Exterior all stone) as approved by Site Plan. NSA X
Shoe repair X X
Ski Shop X X
Small Engine Repair Shop (no outside storage or display) NSA S
Spa, Swimming Pool, Tennis Courts (Public and/or Private) X X
Stationary store X X
Telecommunications Studio with Offices X X
Temporary Building NSA A
Theater, Neighborhood (up to 6 screens) NSA X
Theater, Regional (up to 24 screens) NSA X
Transit Stop NSA X
Travel Agency NSA X
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Variety Store X X
Vineyard NSA X
Water Taxi / Lake Cruise NSA X
Wedding Chapel NSA X
Winery and/or Wine Bar NSA S
AMUSEMENT / RECREATION
Golf Course (Public or Private) X
Bowling Alley NSA S
Park or Playground X X
Satellite Dish* X X
Non-Commercial Radio Tower S S
Recreation Facility, Health Studio X X
AUTO SERVICES
Truck/Trailer Rental X
Auto Body Repair
Auto Mechanic Repair S
Quick Lube / Oil Change X
Vehicle Maintenance (Private) X
WHOLESALE TRADE
Warehouse / Storage (inside)
Warehouse / Storage (outside)
Scrap/ Waste Recycling Collection
Gas/Chemical Bulk Storage
Light Manufacturing / Assembly S
Apparel Manufacturing
Packaging and /or Distribution
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1 Including Water, sewer, electric, gas, cable, telephone, fiber optic, and other public and private
utility distribution lines located within easements approved by the Town. 2 Limited to period of construction
SECTION 2 ACCESSORY USES AND STRUCTURES
An accessory use or structure which is customarily incidental to the principal use or structure,
and is located on the same lot or tract of land, shall be permitted as an accessory use without
being separately listed as a permitted use.
SECTION 3 RESIDENTIAL TO NON-RESIDENTIAL DEVELOPMENT RATIOS
The Developer is limited to the Residential Use restrictions described in Exhibit 7 “Residential
Use Summary Table”.
Section 3.1: Pace of Residential Use Development within PD1-2:
3.1.1 First Year of Active Development: Developer is entitled to ten (10) residential
units initially. After the initial ten (10) units, Developer is entitled to units eleven
(11) through (30) after 45,000 non-residential air conditioned square footage is
permitted. “First year of active development” is defined as beginning on the date of
the issuance of the first vertical building permit for PD1 Planning Area 2 (PD1-2).
3.1.2 From Residential Unit 31 forward, Developer must demonstrate to the Westlake
Building Official that the 45,000 air-conditioned square feet of non-resident ial
building space (as set out in 3.1.1) is substantially completed, and that for
Residential Unit 31 forward, Developer must also demonstrate to the Westlake
Building Official that a ratio of 1,500 sq. ft. of non-residential use building space
has been permitted for each additional Residential Unit permitted.
3.1.3 Developer is to maintain a database illustrating conformance to this requirement
to the Westlake Building Official and include an up-to-date report with each new
Residential Unit building permit application. Non-residential use buildings must
be substantially outwardly completed within six-months of being included in the
1500:1 ratio, which is 1500 square feet of non-residential to each Residential Unit
calculations.
SECTION 4 OTHER PRESCRIBED RESIDENTIAL USES
Printing, Engraving and related Reproductive Services
Distribution of Books / Other Printed Material
Machine Shop
Welding Shop
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Section 4.1 Townhomes: The Developer may build Townhomes, as further described in Exhibit
6, with the intent that these structures mimic the varied, attached residential components found
naturally in a small European Village. Changes in massing of the structures are to be
accomplished through the variety in the number of units per building and the orientation of the
garage doors where applicable.
1. Townhomes shall be built in clusters of no less than 2 units per contiguous building and
no mo re than 18 units per contiguous building.
2. Townhomes shall be conveyed on a fee-simple, platted lot .
Section 4.2 Residential condominiums: Residential condominiums are only allowed by SUP
as shown in Exhibit 6.
Section 4.3 Single-Family, Detached Residences: The Developer may build Residential
Single-Family, Detached Residences within PD1 -2 as further described in Exhibit 7. These
Units shall be constructed on fee-simple, platted lots.
Section 4.4 Coliseum Townhomes and/or Offices: The Developer may construct a ring of
Residential Townhomes and/or Office s along the upper edge of the Coliseum.
SECTION 5 OTHER PRESCRIBED COMMERCIAL/RETAIL USES
Section 5.1 Outdoor Display of Merchandise
1. All outside display of merchandise shall conform to the following guidelines:
a. All outside storage and/or display requires an outdoor display permit from the Town.
b. All outside display will be limited to the normal business hours.
b. A minimum clear unobstructed width of 48-inches measured from the curb shall be
maintained on the public right -of-way/sidewalk.
2. The Town reserves the right to require the removal of any merchandise displayed outside
on the public right -of-way/sidewalk that may be obtrusive, unsafe, or otherwise interfere
with pedestrian t raffic.
ARTICLE III. DEVELOPMENT STANDARDS
SECTION 1 DENSITY
Section 1.1 Maximum Density and FAR: No FAR limitations are imposed by this
Ordinance. Maximum density is a function of the scale, size and scope of each phase of the
Village Development as prescribed within Exhibit 3 “Westlake Entrada Development Standards”
and Exhibit 6 “Westlake Entrada Residential Development Standards” as well as the PD Concept
Plan, t he PD Site Plans, any Developer Agreement s and height restrictions established in this
Article.
SECTION 2 MINIMUM LOT SIZE: Minimum lot size is 400 sq. ft.
SECTION 3: MINIMUM LOT WIDTH: There is no minimum lot width.
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SECTION 4: MAXIMUM BUILDING HEIGHT
Section 4.1 The maximum height for all structures located within PD1-2 is 735’ Mean Sea level
(MSL)
Section 4.2 The following exceptions for this restrict ion may be allowed, if approved by Town
Council via the Site Plan approval process:
1. Architecturally-correct Bell Towers and Hotel Core Room Towers.
a. Bell Towers designed for occupancy are restricted to 220’ above grade. Architectural
Embellishments on the Bell Towers are not to exceed 25% of total Building Height.
b. Hotel Core Room Towers are not to exceed 12 Stories above grade.
c. Three-story Penthouses may be allowed above Hotel Core Room Tower story
restrictions if approved by the Town.
Section 4.3 All non-residential floor space provided on the ground floor of a mixed-use building
must have a minimum plate height of twelve (12) feet.
SECTION 5 MINIMUM BUILDING SIZE
Section 5.1 Minimum Building Sizes for Residential Units are defined in Exhibit 7.
Section 5.2 Minimum building size for any non-residential primary use structure shall be 400 sq
ft.
Section 5.3 Building size, as used in this section, shall mean heated and air-conditio ned area.
SECTION 6 FRONT YARD SETBACKS
There shall be no minimum Front Yard Setbacks.
SECTION 7 REAR YARD SETBACKS
There shall be no minimum Rear Yard Setbacks.
SECTION 8 SIDE YARD SETBACKS
There shall be no minimum Side Yard Setbacks except as to accommodate Building Code and
Fire Code regulations .
SECTION 9 GARAGE SETBACKS
Garages may be set back from the property line either a distance less than 5’ or a distance greater
than 25’ in order to avoid having vehicles parked in the driveway blocking sidewalks or
pedestrian access.
SECTION 10 SLOPE REQUIREMENTS
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Section 10.1 The height of non-residential structures within the PD District shall not be limited
based on any adjacency to (i) a residential lot (whether such residential lot is located inside or
outside of the PD District), or (ii) any roadway.
Section 10.2 All structures shown on an approved Site Plan are exempt from slope-proximity
requirements.
SECTION 11 BUILDING DESIGN ELEMENTS
The standards and criteria contained in this Section shall be the minimum standards for all new
development. Where the regulations of this Section conflict with the Town of Westlake Zoning
Ordinance and/or Subdivision Ordinance, the regulations of this Section shall apply.
Section 11.1 Architecture
All Permanent Structures to be erected within PD1-2 shall follow the specific Westlake Entrada
Design Guidelines submitted as Exhibit 4 to this Ordinance.
Section 11.2 Site Plan and Building Elevation Review
Each Permanent Structure shall have a final Site Plan and Building Elevation review and
approval from the Town prior to issuance of a building permit. This review and approval is to
ensure compliance with Specific Design Guidelines, overall fit into Westlake Entrada as it
matures as a Village, and adherence to the spirit and intent of the foundational framework of a
small, European Village. Changes that constitute a material change to the design guidelines will
be considered a zoning change and subject to the required zoning change process.
Section 11.3 Architectural Embellishments
1. Architectural embellishments not intended for human occupancy that are integral to the
architectural style of the buildings, including spires, belfries, towers, cupolas, domes, and
roof forms whose area in plan is no greater than 25% of the first floor foot print may
exceed the height limits by up to twenty (20) feet provide such changes are reflected on
the approved Site Plan.
2. Mechanical equipment, including mechanical/elevator equipment, penthouse enclosures,
ventilation equipment, antennas, chimneys, exhaust stacks and flues, fire sprinkler tanks,
and other similar items may extend up to twenty (20) feet above the actual building
height, provided they are completely screened from view a viewed from neighboring
property or right-of-ways, and that: 1) they are setback from all exterior walls a distance
at least equal to the vertical dimension that such item(s) extend(s) above the actual
building height, or 2) the exterior wall and roof surfaces of such items that are set back
less than the vertical dimension above the actual building are to be constructed as
architecturally integral parts of the building façade(s) or as architectural embellishments
as described above, and that such items are reflected on the approved Site Plan.
Section 11.4 Residential Exterior Wall Materials:
1. Only durable materials shall be allowed as primary exterior wall materials. Primary
materials include clay fired brick, natural stone, granite, marble, stucco, and, when
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approved by Town Council, manufactured stone.” Native Texas stone materials shall be
of primary consideration in the building material selection process.
2. EIFS shall not be used as an exterior building material.”
3. Only primary building materials are allowed on the first floor, exclusive of doors,
windows, and their accompanying frames. For purposes of this section, the first floor
shall be at least nine (9) feet high.
4. Secondary materials used on a building façade are those which comprise less than a total
of twenty (20) percent of an elevation area. Permitted secondary materials are all
primary materials, aluminum or other metal, cedar or similar quality decorative wood, or
other materials as approved by the Town Manager.
5. Four-Sided Building Design: All buildings shall be architecturally finished on all sides
with the same materials, detailing, and features.
6. Single-family detached houses and Townho mes or villas must have 80% stone exterior
wall materials.
Section 11.5 Building Entries
1. Main building entries shall be highlighted using such techniques as building articulation
and/or entry canopies so they are obvious to pedestrians and motorists.
2. Each building and separate lease space at grade along the street edge shall have a
functioning “Primary Entry” from the sidewalk. Corner entries may count as a Primary
Entry for both intersecting street fronts.
Section 11.6 Awnings, Canopies, Arcades, & Overhangs
1. Structural awnings are encouraged at the ground level to enhance articulation of the
building volumes.
2. The material of awnings and canopies shall be architectural materials that complement
the building.
3. Canopies and awnings shall respect the placement of street trees and lighting.
4. All large canopies (i.e. gas stations, banks, etc.) that require structural columns for
support shall have a minimum six (6) feet masonry or ornamental iron/steel (or other
approved material) finish measured from the finished grade. Materials used on columns
and canopies shall be complementary to the building
Section 11.7 Building Articulation
1. That portion of the building where retail or service uses take place on the first floor shall
be accentuated by including awnings or canopies, different building materials, or
architectural building features.
2. Building facades fronting both streets and driveways should have massing changes and
architectural articulation to provide visual interest and texture and reduce large areas of
undifferentiated building façade. Design articulation should not apply evenly across the
building façade, but should be grouped for greater visual impact employing changes in
volume and plane. Architectural elements including projecting volumes, windows,
balconies, loggias, canopies, pediments, and moldings that break up the mass of the
building are encouraged.
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Section 11.8 Above-Grade Structured Parking
1. Where parking garages are within views of streets or adjacent property, t he portion of the
parking garage that is visible shall have an architecturally finished façade compatible
with the surrounding buildings and shall look more like regular buildings than parking
structures or as approved by Town Council via the Site Plan approval process.
2. Entries and exits to and from parking structures shall be clearly marked for both vehicles
and pedestrians by materials, lighting, signage, etc., to ensure pedestrian safety on
sidewalks.
Section 11.9 Projections into Rights-of-Way
The following projections shall be permitted into a public easement or right -of-way, provided
that 1) no projection shall be permitted into a public easement or right -of-way of SH 114, Solana
Boulevard and FM 1938 (Davis Blvd.); 2) such projections do not extend over the traveled
portion of a roadway; 3) the property owner has assumed liability related to such projections; and
4) the property owner shall maintain such projection in a safe and non-injurious manner.
1. Ordinary building projections, including, but not limited to water tables, sills, belt
courses, pilasters, and cornices may project up to twelve (12) inches beyond a building
face or architectural projection.
2. Roof eaves may project up to thirty-six (36) inches beyond the building face or
architectural projection.
3. Architectural projections, including balconies, bays, towers, and oriels; show windows
(1st floor only); below grade vaults and areaways; and elements of a nature similar to
those listed; may project up to forty-eight (48) inches beyond the building face.
4. Canopies and/or awnings may project from the building face and may extend into rights-
of-way if a minimum sidewalk clearance and/or distance to a street tree of six (6) feet is
maintained. Additionally, they may be extended or be within eight (8) inches of the back
of curb if used to provide a covered walkway to a building entrance and as long as any
canopy/awning support is no closer than eighteen (18) inches from the back of curb.
5. Below-grade footings approved in conjunction with building permits.
6. Pedestrian Bridges shall be permitted to extend over public right-of-ways and/or private
access easements provided that a minimum vertical clearance of 14 feet from side to side,
or 17’ from the high point of an arch.
Section 11.10 Extensions into Rights-of-Way
Outdoor eating areas and outdoor display of retail items for sale may extend into rights-of-way if
a minimum sidewalk clearance and/or distance to a street tree of three (3) feet is maintained,
provided that no extensions shall be permitted into a public easement or right-of-way of SH 114,
Solana Boulevard and FM 1938 (Davis Blvd.). Additionally, a five-foot (5) clear access path
must be maintained along the edge of curb within Public Right of Way.
Section 11.11 Roofing Material
Roofing materials shall be limited to materials approved by the adopted building code that are
either natural slate or authentic clay tile, or have the appearance of slate or clay tile when
approved by the Town. Flat roofing systems where appropriately masked from street-level view
corridors by parapets and/or other architectural features are permitted. Standing seam metal
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roofing may be used only for minor areas such as porches and patios and in areas not generally
visible. No composition roofs are allowed.
Section 11.12 Roof Pitch
No minimum roof pitch prescribed. Roof pitches and orientation should vary to resemble a
Village that has developed or evolved over many years.
Section 11.13 Non-residential Exterior Wall Materials
Exterior wall shall be 100% masonry except for doors and windows. Brick, stone, cast stone,
and stucco are approved materials. Manufactured stone may be approved by the Town Council
via the Site Plan approval process. Siding of any type is prohibited.
Section 11.14 Gutters and Downspouts.
Gutters and down spouts shall be made of anodized metal or copper and all visible gutters to be
constructed as half-round design.
Section 11.15 Driveways and sidewalks
All driveways and sidewalks, other t han common area sidewalks, shall be stamped with a
Entrada unique Cobblestone Pattern (to be approved by the Town), stained or have an exposed
aggregate finish, as allowable to conform to ADA standards.
SECTION 12 SIGNAGE
Section 12.1 Special sign standards.
1. Subdivision monument signs. Two subdivision monument signs are allowed at each
entrance to a Single-family subdivision or multifamily development. The standards for
subdivision monument signs are as follows:
a. The signs must be monument signs (whose length exceeds height) and may be located
within roadway landscape zones (excluding visibility triangles at intersections).
b. Content is limited to the name and logo of the subdivision.
c. The maximum size of each monument sign is 40 square feet; the maximum sign area
is 24 square feet; and the maximum height is four feet, measured from the average
grade level at the base of the sign to the highest part of the sign.
d. Construction materials are limited to stone, cast stone, brick, split face CMU used in
conjunction with, or as a border for, stone and cast stone, or other materials approved
by the board.
e. Sign elements may be carved into the construction materials, may consist of metal
elements attached to the construction materials, or may otherwise be displayed in any
manner approved by the board.
f. All monument signs must have a minimum landscaped area of two square feet for each
linear foot of the horizontal length of the sign face unless otherwise approved in the
Site Plan. For purposes of landscaping, the horizontal length of double-sided signs is
the sum of the horizontal length of both sign faces.
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2. Business monument signs (Type 1). Each lot is entitled to one monument sign for each
street frontage of the lot. Type 1 monument signs may only include the name and logo of
the building and/or the name and logo of business occupants; provided, however, if a
business occupant does business under more than one name, the name that does not
advertise products or services shall take precedence. The standards for all type 1
monument signs are as follows:
a. Signs may be located within roadway landscape zones.
b. Length must exceed height.
c. Construction materials are limited to stone, cast stone, brick, split face CMU used in
conjunction with, or as a border for, stone and cast stone, or other materials approved
by the board.
d. Sign elements may be carved into the construction materials, may consist of metal
elements attached to the construction materials, or may otherwise be displayed in any
manner approved by the board.
e. If the total floor area of a building is less than 20,000 square feet: (a) the maximum
monument size and maximum sign area is 20 square feet; (b) the maximum height is
four feet, measured from the average grade level at the base of the sign to the highest
part of the sign; and (c) the minimum setback is ten feet, measured from the public
right -of-way.
f. If the total floor area of a building is 20,000 square feet or more but less than 125,000
square feet: (a) the maximum monument sign size is 40 square feet; (b) the maximum
sign area is 24 square feet; (c) the maximum height is four feet, measured from the
average grade level at the base of the sign to the highest part of the sign; and (d) the
minimum setback is 15 fe et, measured from the public right -of-way.
g. If the total floor area of a building is 125,000 square feet or more: (a) the maximum
monument sign size is 60 square feet; (b) the maximum sign area is 36 square feet; (c)
the maximum height is six feet, measured from the average grade level at the base of
the sign to the highest part of the sign; and (d) the minimum setback is 15 feet,
measured from the public right -of-way.
h. All monument signs must have a minimum landscaped area of two square feet for
each linear foot of the horizontal length of the sign face. For purposes of landscaping,
the horizontal length of double-sided signs is the sum of the horizontal length of both
sign faces.
3. Business monument signs (Type 2). Each building on a lot is entitled to one monument
sign for each street frontage of the lot. Type 2 monument signs may only include the
name and logo of the building and/or the name and logo of business occupants; provided,
however, if a business occupant does business under more than one name, the name that
does not advertise products or services shall take precedence. The standards for all type 2
monument signs are as follows:
a. Signs may be located within roadway landscape zones.
b. Length must exceed height.
c. Construction materials are limited to stone, cast stone, brick, split face CMU used in
conjunction with, or as a border for, stone and cast stone, or other materials approved
by the board.
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d. Sign elements may be carved into the construction materials, may consist of metal
ele ments attached to the construction materials, or may otherwise be displayed in any
manner approved by the board.
e. Maximum sign size is three feet high and six feet long regardless of building size.
f. Each monument sign must be parallel to the street and placed no closer to the street
than the "build to line" for the applicable street. Where no “build to line” is
established, the PD Site Plan will regulate location.
g. The space between the sign and the building must be landscaped unless otherwise
approved on the Site Plan.
h. Signs must not significantly block the flow of pedestrians on the sidewalks.
4. Business group monument signs. The Town would like to encourage buildings to forego
erecting individual monument signs in favor of "joint" or "group" monument signs. To
further this objective, the Town encourages property owners to designate "group sign
areas" as follows:
a. A group sign area is any contiguous area (excluding streets, other rights-of-way, and
public areas) designated as such by all the owners thereof (using a metes and bounds
description). The designation can be made at any time prior to or concurrent with the
submission of a site plan for the area, and all such designations are subject to the
approval of the board. Land can be removed fr om any group sign area with the
consent of the board and the consent of the owner(s) of the land being removed;
provided, however, the area that remains must continue to comply with the
requirements of this subsection. Land can also be added to any group sign area with
the consent of the board and the consent of the owner(s) of the land being added;
provided, however, the expanded area must continue to comply with the requirements
of this subsection.
b. Each group sign area is entitled to one group monument sign for each primary
entrance of the group sign area. Group monument signs may only include the name
and logos of buildings and/or the name and logo of business occupants; provided,
however, if a business occupant does business under more than one name, the name
that does not advertise products or services shall take precedence. The standards for
group monument signs are as follows:
i. Signs may be located within any required front yard.
ii. Construction materials are limited to stone, cast stone brick, split face CMU used
in conjunction with, or as a border for, stone and cast stone, or other materials
approved by the board.
iii. Sign elements may be carved into the construction materials, may consist of metal
elements attached to the construction materials, or may otherwise be displayed in
any manner approved by the board.
iv. If the total floor area of all buildings within the group sign area is 20,000 square
feet or more but less than 125,000 square feet: (a) the maximum monument sign
size is 40 square feet; (b) the maximum sign area is 24 square feet; (c) the
maximum height is four feet, measured from the average grade level at the base of
the sign to the highest part of the sign; and (d) the minimum setback is 15 feet,
measured from the public right -of-way.
v. If the total floor area of all buildings within the group sign area is 125,000 square
feet or more: (a) the maximum monument sign size is 60 square feet; (b) the
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maximum sign area is 36 square feet; (c) the maximum height is six feet,
measured from the average grade level at the base of the sign to the highest part of
the sign; and (d) the minimum setback is 15 feet, measured from the public right-
of-way.
c. All monument signs must have a minimum landscaped area of two square feet for
each linear foot of the horizontal length of the sign face. For purposes of landscaping,
the horizontal length of double-sided signs is the sum of the horizontal length of both
sign faces.
5. Retail facade signs. Each building on a lot is entitled to facade signs attached to the
facades of the building. Facade signs may only include the name of the building and/or
the name of business occupants; and if a business occupant does business under more
than one name, the name that does not advertise products or services shall take
precedence. The standards for all business facade signs are as follows:
a. No limit on letters up to four inches high.
b. Signs can be placed on any building facade, but not above the roof line.
c. Except as provided (g) below, the maximum aggregate sign area of all signs on a
building is four percent of the aggregate area of all street facing building facades.
d. Except as provided in subsection (g) 3 below, the maximum aggregate sign area of all
signs on any one building facade is four percent of the area of the building facade.
e. The maximum aggregate sign area of all signs advertising any one business is the
lesser of (a) 180 square feet or (b) the greater of 20 square feet or four percent of the
street facing building facade occupied by such business. Each business that occupies
any portion of a street facing building facade shall be entitled, as a minimum, to one
20 square foot sign notwithstanding the aggregate limits set forth herein.
f. Signs must be architecturally consistent with the buildings to which they are attached.
6. Large retail façade signs. Each business occupant that occupies at least 25,000 square
feet of gross leasable area is entitled to facade signs attached to the facades of the
building. Facade signs may only include the name and logo of the building and/or the
name and logo of the business occupant, and if a business occupant does business under
more than one name, the name that does not advertise products or services shall take
precedence. The standards for all big box retail facade signs are as follows:
a. No limit on letters up to four inches high.
b. Signs can be placed on any building facade, but not above the roof line.
c. The maximum aggregate sign area of all signs advertising one business is the lesser of
(a) 260 square feet or (b) the greater of 40 square feet or four percent of the street
facing building facade occupied by such business.
d. Signs must be architecturally consistent with the buildings to which they are attached.
7. Special project entry signs. The PD 1-2 Concept Plan identifies roadway entries into the
PD district. It is anticipated that these entries will be designed to include special project
entry signs which may vary from the standards set forth herein. These special project
entry s igns will require commission approval as part of a PD site plan.
8. Building identification and directory signs. Each commercial building on a lot is entitled
to identification and directory signs attached to the facades of the building. Identification
and directory signs are not restricted to the name and logo of the business occupant. The
standards for all identification and directory signs are as follows:
a. No limit on letters up to four inches high.
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b. Each building is entitled to one directory sign (not to exceed six square feet) at each
main building entrance.
c. Each building is entitled to one building identification sign (limited to the name of the
building) on each street facing building facade. The maximum sign area of each
building identificat ion sign shall be 24 square feet. Building identification signs may
be placed above the first floor spandrel, but not above the roofline.
d. Signs can be placed on any building facade.
e. Signs must be architecturally consistent with the buildings to which they are attached.
9. Business projecting signs. Within each building each business occupant with a first floor
business or an upper floor business that can be accessed directly by exterior stairs is
entitled to one projecting sign attached to the facades of the building where the entrance
is located. Projecting signs are not restricted to the name and logo of the business
occupant. The standards for all business projecting signs are as follows:
a. Signs can be placed on any building facade, but not above the first floor spandrel.
b. No sign may project more than five feet from a building facade.
c. The maximum sign area is 12 square feet; the maximum height is three feet.
d. All signs must have a minimum vertical clearance of eight feet above the sidewalk.
e. Signs are intended to be primarily graphic, and must have graphics or copy on both
sides.
10. Business awning signs. Each first floor business occupant or business occupant with a
first floor entrance within a building, which business or business ent rance has an awning,
is entitled to awning signs. Awning signs will be a part of or applied to an awning which
is attached to the facades of the building. Awning signs are not restricted to the name and
logo of the business occupant. The standards for all awning signs are as follows:
a. Signs can be placed on any awning projecting from the building, but not above the
first floor spandrel.
b. The maximum sign area is eight square feet.
c. All awning signs must have a minimum vertical clearance of eight feet above the
sidewalk.
d. Signs are intended to be primarily graphic.
11. Business hanging signs. Each first floor business occupant or business occupant with a
first floor entrance within a building is entitled to one hanging sign suspended from the
canopies, colonnades or covered passages of the building. Hanging signs are not
restricted to the name and logo of the business occupant. The standards for all hanging
signs are as follows:
a. Signs can be suspended, so long as perpendicular to the building facade, from
canopies, colonnades or covered passages on any building, but not above the first
floor spandrel.
b. Signs suspended from canopies and colonnades must be centered in the canopy or
colonnade from which they are suspended; signs suspended from any covered area
between two buildings may not project more than four feet from a building facade.
c. The maximum sign area is four and one-half square feet.
d. Maximum height is 18 inches; maximum width is 36 inches; maximum thickness is
three inches.
e. All signs must have a minimum vertical clearance of eight feet above the sidewalk.
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f. Signs are intended to be primarily graphic, and must have graphics or copy on both
sides.
12. Business window signs. Each first floor business occupant or business occupant with a
first floor entrance within a building is entitled to window signs painted or applied to the
glass surface of the first floor windows. Window signs are not restricted to the name and
logo of the business occupant. The standards for all window signs are as follows:
a. Signs can be placed on the glass surface of street facing windows, but not above the
first floor spandrel.
b. The maximum sign area is 12 square feet.
c. The maximum height of each sign is two feet.
d. Signs are intended to be primarily graphic.
13 General directional signs. Directional signs are allowed on property (whether platted or
not) adjacent to the intersection of two streets. The standards for directional signs are as
follows:
a. The sign must be a monument sign and may be located within roadway landscape
zones, within public rights-of-way (including street medians), and within any required
front yard or as approved on the Site Plan.
b. Construction materials are limited to stone, cast stone, brick, split face CMU used in
conju nction with, or as a border, for stone and cast stone, or other materials approved
by the board.
c. Sign elements may be carved into the construction materials, may consist of metal
elements attached to the construction materials, or may otherwise be displayed in any
manner approved by the board.
d. Content is limited to words and arrows the only purpose of which is to direct vehicle
traffic to "generic" destinations such as "Town Center", "Civic Center", "Recreation
Center", "Performing Arts Center", "Equestrian Center", "Lakeside", "Playground",
"Hospital", "Library", "Museum", "Country Club", "Sports fields", and other similar
terms that generally describe the destination.
e. The maximum sign area is eight square feet, and the maximum height is four feet,
measured from the average grade level at the base of the sign to the highest part of the
sign. There is no minimum setback.
f. There is no limit on the number of directional signs.
14. Temporary signs. A residential home builder may place temporary signs, including the
builder's name and logo, at subdivision entrances in which such builder is constructing
homes.
SECTION 13 LANDSCAPE REQUIREMENTS
Section 13.1 Landscape Requirements
The standards and criteria contained in this Section are the minimum standards for all new
development within PD1-2. All landscaping shall be reflected on the required Landscape
Plan which is to accompany the Site Plan. Where the regulations of this Section conflict with
the Town of Westlake Zoning Ordinance, the regulations of this Section shall apply.
1. Intent. It is the intent of this section to preserve and enhance the Town's highly visible
edge in order to reinforce the rural and natural qualities of the community. This zone can
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facilitate positive vistas to prominent knolls and valleys while softening development
with tree massing that will establish a unique rural environment for the Town, while still
protecting view corridors along the Town’s major highways.
2. Compliance with the Town Edge Zone landscape requirements contained in the Town of
Westlake Code of Ordinances is amended for this PD to require a landscape zone with an
average width of 150 feet, and a minimum width of 50 feet from the State Highway 114
right -of-way.
3. Roadway Landscape Zones for Solana Blvd. and FM 1938 (Davis Blvd.) shall be a
minimum 35 feet deep. The required Landscape Plan must include landscaping along FM
1938 (Davis Blvd.) that conforms to the 2011 FM 1938 (Davis Blvd.) Landscape
Corridor Plan.
4. Wildflower planting areas along SH 114 and Solana Blvd. shall be detailed in the
Landscape Plan.
5. 60 percent of the tree plantings included in the Landscape Plan shall be a minimum
three-inch caliper, and 40 percent shall be a minimum of 2” caliper.
6. A Hike and Bike trail w ill be include in the Landscape Plan which provides connectivity
of the Town’s existing and planned trail system.
Section 13.2 Interior Village Landscaping Requirements
1. In conditions where paving runs all the way to the front building line as occurs in small
European villages, landscaping is not required. The Landscape Plan shall include
detailed landscaping around buildings, intersections and parking areas depicted on the
Site Plan. Plantings in large-scale containers and window boxes are encouraged if no
other landscaping is present.
2. Parking lot landscaping shall comply with Town ordinances u nless a deviation from the
Town ordinances is specifically approved by the Town Council via the Site Plan approval
process.
3. Permanent irrigation shall be pr ovided for all required landscaping as follows:
a. Irrigation lines for perimeter landscaping identified in (1) above, shall be placed a
minimum of two and one-half (2 ½) feet from a Town sidewalk or alley. Reduction
of this requirement is subject to review and approval by the Town Engineer.
b. Trees and shrubs shall be irrigated by bubbler irrigation lines only. Other
landscaping may be irrigated by spray irrigation. Separate valves shall be provided
to turn off the spray irrigation line during periods of drought or water conservation.
c. Rain, freeze, and wind detectors shall be installed on all irrigation lines.
5. Artificial plants or turf are expressly prohibited. Drought tolerant and/or native plants
from the lists approved by the Town are required for compliance. Other species may be
proposed in the Landscape Plan.
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Section 13.3 Service Equipment and Areas
1. Loading docks, truck parking, trash collection, trash compaction, and other service
functions shall be incorporated into the overall design of the building and be identified on
the Site Plan.
2. Transformers, HVAC equipment (if located at the ground level), lift stations, utility
meters, and other machinery, where practical, should be located at the rear of the
property.
3. Screening:
a. Service equipment and areas shall be screened so the visual impacts of these functions
are fully contained and out of view from adjacent properties and public streets..
b. Screening materials for solid waste collection and loading areas shall be the same as
the materials used for the principal building, or a six (6) foot solid masonry wall.
Trash dumpsters shall have a door, which shall generally remain closed at all times.
c. No internal screening between residential and non-residential uses is required within
the boundaries of PD1-2. Screening fences, walls, buffer zones or boundaries between
horizontally integrated and vertically integrated uses on single, adjacent and/or
adjoining lots or parcels are allowed but not required.
Section 13.4 Fencing
1. All fences shall conform to the following standards
2. Fencing is allowed between the primary facade of the building and the build-to-line.
3. Fencing is allowed to separate an outdoor eating area from the walkway if the outdoor
seating area extends into the adjacent right -of-way.
4. Fencing is restricted to wrought iron, tubular steel or similar material, or masonry and shall
conform to the following standards:
a. Fences may be built to a maximum seven feet in height. However:
i. No solid fencing greater than 3.5 feet in height may be placed within ten feet of a
right -of-way line for a roadway or open space corridor;
ii. No chain-link fences shall be allowed unless completely screened from adjacent
public areas and properties by either structures or by solid landscape screening;
iii. No solid wood fencing shall be allowed; and
iv. Fences which are greater than 25 percent solid masonry shall be considered solid
fencing.
v. Precast solid fencing shall require special approval by the Town Council.
Section 13.5 Streets and Sight Triangles
Within PD1-2 the following street design standards shall apply:
1. Sight triangles for all vehicular intersections shall be established based on the minimum
standards reflected in the UDC unless otherwise specified in the Site Plan.
2. Adequate sight distance shall be provided at all intersections throughout the development
in accordance with Town ordinances.
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3. Nothing contained herein shall vary or supersede public safety requirements of the Town
of Westlake as set forth in the Uniform Fire Code and other applicable laws, rules, and
regulations of the Town of Westlake.
SECTION 14 OUTDOOR LIGHTING STANDARDS
Section 14.1 Lighting Requirements
An Outdoor Lighting Plan must be submitted in conjunction with the required Site Plan.
Lighting will to the greatest extent possible reflect the lighting standards established in the Code
of Ordinances. The Outdoor Lighting Plan shall include the following:
1. Layout of the proposed fixture locations.
2. The light source.
3. The luminous area for each proposed light source with photometric in foot-candle
measurement.
4. The type and height of the light fixture or of the light source above grade.
5. The type of illumination.
Section 14.2 Up-Lighting Down-lighting
Limited up-lighting may be considered in the Lighting Plan submittal with minimum up-lighting
allowed for the Chapel, the Bell Tower and the Town Hall. Up-lighting and Down-lighting
specifications required in 13.1 shall be presented in the Lighting Plan.
Section 14.3 Parking Area Lighting
Overhead lighting for public and private parking areas shall utilize “fully-shielded” and/or “full
cut-off” fixtures. In accordance with the Town of Westlake lighting standards contained in the
Code of Ordinances and shall be included in the required Lighting Plan submittal. .
SECTION 15 PARKING STANDARDS
Section 15.1 Required parking shall be located and maintained anywhere within PD1-2, and may
also include additional overflow parking as available offsite.
Section 15.2 On-street parking and shared parking anywhere within PD1-2 may be counted
towards meeting the off-street parking requirement for any use within PD1-2 provided
appropriate Joint-Use Parking Agreements are approved and filed as required by the Town.
Section 15.3 Parking may be located in structured garages as approved by the Town.
Section 15.4 When structured garages are provided, adequate access from public rights-of-way
via private drives and/or access easements shall be made readily available.
Section 15.5 Speed bumps/humps are not permitted within a fire lane.
Section 15.6 In the case of mixed uses, uses may share parking spaces where it can be
demonstrated to the Town that the parking for two (2) or more uses occurs at alternating periods.
Such shared parking shall be established in accordance with the following provisions:
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1. It shall be demonstrated as a condition precedent to consideration of shared parking
that such sharing of spaces will result in a reduction of at least ten (10) percent of the
aggregate required parking for such uses.
2. The applicant shall submit a parking analysis, prepared by a registered engineer, to
the Town approval.
Section 15.7 Up to seventy-five (75) percent of the parking spaces required for a theater or other
place of evening entertainment (after 5:00 P.M.), or for a church, may be provided and used
jointly by banks, offices, and similar uses not normally open, used, or operated during evening
hours.
Section 15.8 Parking spaces shall be provided in accordance with Town ordinances unless a
parking analysis is provided with a Site Plan application and is approved by the Town.
SECTION 16 UTILITY PLACEMENTS
All utility lines and shall be underground. All utility equipment shall be underground or
completely screened from view.
SECTION 17 OPEN SPACES
Section 17.1 The PD1-2 planning area shall contain a minimum of 20% Open Space which is
privately owned and publicly accessible. Open Space details shall be included in the Site Plan
submittal.
Section 17.2 Specific Features to be included in this open-space calculation include:
1. All constant -elevation water features, within free-board limits defined for storm water
detention requirements
2. Open, public Plaza and gathering areas
3. Coliseum Acreage and improvements
4. Buffers along SH 114
5. Parkways and medians on streets with on-street parking
6. Other public facilities such as walks, plazas, courts, recreational amenities, water features
and other similar uses not specifically used for vehicular access and parking.
Section 17.3 The open space may not consist of any of the following elements:
1. Vehicular parking.
2. Required parking lot tree islands.
3. Building footprints.
4. Utility yards.
5. Detention areas not treated as described above.
SECTION 18 GENERAL REQUIREMENTS
Section 18.1 Development shall reflect the attached PD Concept Plan. (Exhibit 2)
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Section 18.2 Plats and/or Site Plans submitted for the development shall conform to the data
presented and approved on the Concept Plan.
1. Minor changes or corrections on the Concept Plan, the Site Plan, the Landscape Plan or
the Outdoor Lighting Plan may be authorized by the Town Manager, if such changes do
not constitute a zoning change that would require public hearing and consideration by
Planning and Zoning Commission and/or the Council, and the proposed changes do not:
a. Alter the uses permitted,
b. Increase the building height,
c. Change density
d. Reduce the building lines provided at the boundary of the site
e. Significantly alter any o pen space plans.
f. Affect quality standards.
SECTION 19 PUBLIC ROADWAYS AND STANDARDS
Roadway Design Standards will adhere to Exhibit 5 as prescribed. Roadway cross sections,
while comporting to this standard, will be examined on a case by case basis with each Site Plan
submittal and may be modified depending on adjacent uses and structures as may be approved by
the Town.
ARTICLE VI. EXHIBITS
EXHIBIT 1 Legal Description of PD1-2 District
Exhibit A1 – Graphic drawing of PD1-2.
EXHIBIT 2 PD Concept Plan
EXHIBIT 3 Westlake Entrada Development Standards
EXHIBIT 4 Westlake Entrada Design Standards
EXHIBIT 5 Westlake Entrada Public Roadway Standards
EXHIBIT 6 Westlake Entrada Residential Development Standards
EXHIBIT 7 Westlake Entrada Residential Use Summary Table
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LEGAL DESCRIPTION
EXHIBIT 1 Legal Description of PD1-2 District
85.90 Acres
BEING a tract of land situated in the C.M. Throop Survey, Abstract No. 1510, the W. Medlin Survey,
Abstract No. 1958, the William Pea Survey, Abstract No. 1246 and the Joseph Henry Survey, Abstract
No. 742, Tarrant County, Texas and being a portion of Tract 2 as described in the Special Warranty Deed
to MAGUIRE PARTNERS – SOLANA LAND, L.P. as recorded in Volume 16858, Page 176 of the Deed
Records of Tarrant County, Texas and being more particularly described as follows:
BEGINNING at a 5/8 inch iron rod found with “Huitt-Zollars” cap at the southwest corner of Lot 2,
Block 1, Westlake/Southlake Park Addition No. 1, an addition to the Town of Westlake, Texas as
recorded in Volume 388-214, Page 78 of the Plat Records of Tarrant County, Texas, being on the
northeasterly right-of-way line of Kirkwood Boulevard, a variable width right-of-way as dedicated by
said Westlake/Southlake Park Addition No. 1 and being the beginning of a non-tangent curve to the left
having a central angle of 9 degrees 13 minutes 11 seconds, a radius of 1428.00 feet and being subtended
by a chord which bears North 47 degrees 49 minutes 50 seconds West a distance of 229.54 feet;
THENCE along the northeasterly right-of-way line of Kirkwood Boulevard, a variable with right -of-way,
as described in Dedication Deed to the Town of Westlake as recorded under instrument No. D208427746,
Deed Records of Tarrant County, Texas the following:
Along said curve to the left an arc distance of 229.79 feet to a ½ inch rod found with Graham cap at the
end of said curve;
North 52 degrees 30 minutes 14 seconds west a distance of 32.60 feet to ½ inch iron rod found with
Graham cup beginning of a curve to the right having a central angle of 18 degrees 54 minutes 48 seconds,
a radius of 612.00 feet and being subtended by a chord which bears North 43 degrees 02 minutes 03
seconds West a distance of 201.11 feet;
Along said curve to the right an arc distance of 202.02 feet to a ½ inch iron rod found with Graham cap at
the beginning of a compound curve to the right having a central angle of 24 degrees 06 minutes 47
seconds, a radius of 812.00 feet and being subtended by a chord which bears North 21 degrees 32 minutes
03 seconds West a distance of 339.22 feet;
Along said curve to the right an arc distance of 341.73 feet to a ½ inch iron rod found with Graham cap at
the end of a said curve;
North 09 degrees 28 minutes 39 seconds West a distance of 132.24 feet to a ½ inch iron rod found with
Graham cap at the beginning of a curve to the left having a central angle of 45 degrees 43 minutes 19
seconds, a radius of 708.00 feet and being subtended by a chord which bears North 32 degrees 20 minutes
19 seconds West a distance of 550.11 feet;
Along said curve to the left an arc distance of 564.98 feet to a ½ inch iron rod found with Graham cap at
the end of said curve;
North 55 degrees 11 minutes 58 seconds West a distance of 190.50 feet to a ½ inch iron rod found with
Graham cap;
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North 08 degrees 56 minutes 27 seconds West a distance off 21.41 feet to a ½ inch iron rod found with
Graham cap on the easterly right -of-way line of Precinct Line Road, a variable width right -of-way, as
described in Dedication Deed to Town of Westlake as recorded under Instrument No. D208427746, Deed
Records of Tarrant County, Texas and being the beginning of a non-tangent curve to the left having a
central angle of 16 degrees 09 minutes 21 seconds, a radius of 1,432.50 feet and being subtended by a
chord which bears North 27 degrees 07 minutes 42 seconds East a distance of 402.59 feet;
THENCE along the easterly right-of-way line of Precinct Line Road, the following;
Along said curve to the left an arc distance of 403.92 feet to a ½ inch iron rod found with Graham cap at
the end of said curve;
North 18 degrees 47 minutes 24 seconds East a distance of 185.36 feet to a ½ inch iron rod found with
Graham cap;
North 17 degrees 03 minutes 03 seconds East a distance of 322.64 feet to a ½ inch iron rod found on the
southerly right-of-way line of State Highway 114 (a variable width ROW);
THENCE along the southerly right -of-way line of State Highway 114, the following;
North 60 degrees 06 minutes 26 seconds East a distance of 44.54 feet to a Texas Department of
Transportation brass disk in concrete found;
South 71 degrees 03 minutes 32 seconds East a distance of 254.55 feet to a point for corner from which a
Texas Department of Transportation brass disk in concrete fou nd bears North 10 degrees 48 minutes 28
seconds West a distance of 0.43 feet;
South 77 degrees 26 minutes 06 seconds East a distance of 746.74 feet to a Texas Department of
Transportation brass disk in concrete found;
South 71 degrees 03 minutes 31 seconds East a distance of 1443.85 feet to a Texas Department of
Transportation brass disk in concrete found;
South 62 degrees 34 minutes 19 seconds East a distance of 404.34 feet to a Texas Department of
Transportation brass disk in concrete found at the beginning of a curve to the right having a central angle
of 08 degrees 19 minutes 09 seconds, a radius of 2,709.79 feet and being subtended by a chord which
bears South 58 degrees 24 minutes 45 seconds East a distance of 393.11 feet;
Along said curve to the right an arc distance of 393.45 feet to a Texas Department of Transportation brass
disk in concrete found;
South 54 degrees 15 minutes 11 seconds East a distance of 399.24 feet to a Texas Department of
Transportation brass disk in concrete found;
South 64 degrees 19 minutes 50 seconds East a distance of 56.55 feet to a 5/8 inch iron rod found with
“Huitt-Zollars” cap at the beginning of a non-tangent curve to the right having a central angle of 02
degrees 13 minutes 56 seconds, a radius of 2,754.79 feet and being subtended by a chord which bears
South 43 degrees 17 minutes 37 seconds East a distance of 107.32 feet;
Along said curve to the right n arc distance of 107.33 feet to a ½ inch rod found with “Huitt-Zollars” cap
for the northeast corner of Lot 1, Block 1, of the aforementioned Westlake/Southlake Park Addition No.
1;
THENCE departing the southerly right-of-way line of State Highway 114, North 90 degrees 00 minutes
00 seconds west along the north line of said Lot 1, Block 1, a distance of 2,132.54 feet to a 5/8 inch iron
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rod with “Carter-Burgess” cap found for the northwest corner of said Lot 2, Block 1, Westlake/Southlake
Park Addition No. 1;
THENCE South 52 degrees 00 minutes 00 seconds West along the northwesterly line said Lot 2, Block 1,
a distance of 1000.00 feet to a 5/8 inch iron rod with “Carter & Burgess” cap found at an angle point in
the west line of Lot 2, Block 1;
THENCE along the west line of said Lot 2, Block 1, South 00 degrees 00 minutes 00 seconds East a
distance of 168.55 feet to the POINT OF BEGINNING and containing 85.90 acres of land, more or less.
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Exhibit 2
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Exhibit “4”
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Exhibit 7 4/16/2013 16:42
Westlake Entrada Residential Use Summary Table:
322 Total Number of Residential Units Allowed
Actual Unit mix to be determined at each Concept Site Plan
Single-Family, Detached Homes:
2500 sq. ft.Minimum Home Size
Townhomes (Attached):
1,800 sq. ft. Minimum Home Size
Condominiums - residential:
Size, number, and configuration to be approved by SUP.
322 Total # of Proposed Residential Units
11435.4%% Between 1800 sqft AC and 2500 sqft AC
11034.2%% Between 2500 sqft AC and 3600 sqft AC
9830.4%% Between 3600 sqft AC and 12,000 sqft AC
322 Total Number of Residential Units
Upon Completion of the Residential Component, the average Residential Unit size will exceed 2500 sqft
TBD: Final Residential Unit Mix TO BE DETERMINED at Final Site Plans for each Phase of Development
EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
b. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate
the appointment, employment, evaluation, reassignment, duties, of a public
officer or employee: Town Manager
Town of Westlake
Item # 6 –
Executive Session
Town of Westlake
Item # 7 – Reconvene
Meeting
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
b. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate
the appointment, employment, evaluation, reassignment, duties, of a public
officer or employee: Town Manager
Town of Westlake
Item # 8 – Take any
Necessary Action, if
necessary
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 #9 - Future
Agenda Items
Strategic Issue April – 2013 May – 2013 June - 2013 July - 2013 August - 2013 September - 2013
Capital Investment
MOVED FROM NOVEMBER
• Feasibility study for
water/sewer impact
fees – Tentative (pg. 10,
SA 3.1)
• Streetscaping
completion for Hwy
114/170 – Tentative
(pg. 9, SA 1.4)
Fiscal Stewardship &
Organizational
Effectiveness
MOVED FROM JANUARY
• Report on
business incentive
opportunities (pg.
11, SA 6.2)
Human Resources
(Employee Investment)
Comprehensive
Planning and
Management of Natural
Resources
MOVED FROM APRIL
• Compare/contrast
programs relative
to surrounding
communities –
‘best practices’ on
environmental and
conservation (pg.
13, SA 10.2)
Public Safety and
Emergency
Preparedness
MOVED FROM DECEMBER
• Review Town&
Academy SOP’s and
emergency plans to
maintain readiness
(pg. 13, SA 12.2)
• Inventory &
identify availability
of recommended
EOC components
(pg. 13, SA 12.3)
Updated 04/15/13
Early voting for the General & Special
Elections
April 29th – May 7th; Westlake Town
Hall will be a polling location during
early voting.
COUNCIL CALENDAR
MasterWorks Free Concert Series begins in April; Concert every Thursday
evening for one (1) hour; Solana Village Circle Courtyard
April 18, 2013 at 6:00 pm; Havana NRG, high energy Salsa/Latin band
April 25, 2013 at 6:00 pm; Vocal Trash, a “Stomp” type band with
recycling message
May 2, 2013 at 6:00 pm; Johnny D & the Doo-Wopps, Old time Rock
and Roll; Rescheduled from April 4, 2013
Westlake’s Annual Arbor Day
April 20, 2013 from 3-7:00 pm; Glenwyck Farms Park
Town Council Workshop & Meeting
April 22, 2013
Westlake Employee Annual Awards & Family Picnic
April 27, 2013; 4-8 pm; Circle R Ranch in Flower Mound
Vaquero Neighborhood Meeting
April 29, 2013; 7:00 pm; Home of Jason & Jo Keen
Board of Trustee Meeting
May 6, 2013
Bandana Bonanza
May 11, 2013; Time TBA; WA Campus
Decoration Day w/ Special Guest Brian Fleming: best-selling author and veteran
May 27, 2013; Time TBD; WA Gym and Town Green
Town of Westlake
Item # 11 –
Council Calendar
WA Senior Banquet
May 30, 2013; 6-9 pm; Colleyville-Piazza in the Village
WA End of Year Commendation Ceremony, Senior Baccalaureate Service, & WA
Alumni Walkway Dedication Ceremony
May 31, 2013; 8:30 am, 10:30 am, & 11:30 am respectfully; WA Campus-
Gym and Campus Grounds outside of gym
WA Graduation Ceremony
June 1, 2013; 2:00 pm; Hurst Conference Center
WA 10th Anniversary Picnic
June 6, 2013; 1-3 pm; WA Campus-Town Green
Town of Westlake
Item # 12 –
Adjournment
Back up material has not
been provided for this item.