HomeMy WebLinkAbout05-23-16 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion
of the Town Council Work Session but not prior to the posted start time.
Mission Statement
Westlake is a unique community blending preservation of our natural environment and
viewscapes, while serving our residents and businesses with superior municipal and academic
services that are accessible, efficient, cost-effective, and transparent.
Westlake, Texas – “One-of-a-kind community; natural oasis – providing
an exceptional level of service.”
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TOWN OF WESTLAKE, TEXAS
Vision Statement
An oasis of natural beauty that maintains our open spaces in balance with distinctive
development, trails, and quality of life amenities amidst an ever expanding urban landscape.
TOWN COUNCIL MEETING
AGENDA
May 23, 2016
1301 Solana Blvd.
Building 4, Suite 4202
2ND FLOOR, COUNCIL CHAMBER
WESTLAKE, TX 76262
Workshop Session: 5:00 p.m.
Regular Session: 6:30 p.m.
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Work Session
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. REVIEW OF CONSENT AGENDA ITEMS LISTED ON THE REGULAR MEETING
AGENDA. (10 min)
4. DISCUSSION ITEMS
a. Discussion of items to be placed on future agendas, updates on development
trends and progress of past development projects. (10 min)
b. Standing Item: Update and discussion regarding the Granada Development,
including items posted on the regular session agenda and the Covenants
Conditions Restrictions (CCR’s) and Design Standards. (10 min)
c. Standing Item: Update and discussion regarding the Entrada Development,
including items posted on the regular session agenda and public art. (10 min)
5. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Sec. 551.071 Consultation with Attorney (1) when the governmental body seeks
the advice of its attorney about: (A) pending or contemplated litigation; or (B) a
settlement offer; (2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with this chapter:
Ordinance 767
b. Section 551.087 Deliberation Regarding Economic Development
Negotiations (1) to discuss or deliberate regarding commercial or financial
information that the governmental body has received from a business prospect
that the governmental body seeks to have locate, stay, or expand in or near the
territory of the governmental body and with which the governmental body is
conducting economic development negotiations; or (2) to deliberate the offer of
a financial or other incentive to a business prospect described by Subdivision (1)
for the following:
- Maguire Partners-Solana Land, L.P., related to Centurion’s development
known as Entrada and Granada
- Project Blizzard
- Project Lynx
- Deloitte LLP
c. Section 551.072 to deliberate the purchase, exchange, lease of value of real
property regarding Town Hall offices and possible Fire Stations sites
d. 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
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6. RECONVENE MEETING
7. COUNCIL RECAP / STAFF DIRECTION
8. ADJOURNMENT
Regular Session
1. CALL TO ORDER
2. DISCUSSION AND CONSIDERATION TO ELECT A MAYOR PRO TEMPORE.
3. ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of
Community Interest pursuant to Texas Government Code Section 551.0415 the Town
Council may report on the following items: (1) expression of thanks, congratulations or
condolences; (2) information about holiday schedules; (3) recognition of individuals; (4)
reminders about upcoming Town Council events; (5) information about community
events; and (6) announcements involving imminent threat to public health and safety.
4. CITIZEN COMMENTS: 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.
5. 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 April 25, 2016, meeting.
b. Consider approval of Ordinance 785, Approving a negotiated Settlement between
the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corp., Mid-Tex
Division regarding the company’s 2016 Rate Review Mechanism Filings.
c. Consider approval of Resolution 16-17, Appointing a new member to the
Westlake Academy Foundation.
d. Consider approval of Ordinance 786, Chapter 36, Engineering Standards, Article
VI, Erosion Control, Sections 36-161, General Provisions and Sections 36-166,
Enforcement to establish an Erosion Control Inspection Fee for any permitted
construction site within the Town.
e. Consider approval of Resolution 16-18, Amending the Fee Schedule adding a fee
for Erosion Control.
f. Consider approval of Resolution 16-19, Approving amendments to the Personnel
Manual.
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g. Consider approval of Resolution 16-20, Authorizing Approval of a Contract with
MESA Planning for Establishing Goals, Objectives, and a Framework for a Town-
Wide Public Art Program.
6. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Sec. 551.071 Consultation with Attorney (1) when the governmental body seeks
the advice of its attorney about: (A) pending or contemplated litigation; or (B) a
settlement offer; (2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with this chapter:
Ordinance 767
b. Section 551.087 Deliberation Regarding Economic Development
Negotiations (1) to discuss or deliberate regarding commercial or financial
information that the governmental body has received from a business prospect
that the governmental body seeks to have locate, stay, or expand in or near the
territory of the governmental body and with which the governmental body is
conducting economic development negotiations; or (2) to deliberate the offer of
a financial or other incentive to a business prospect described by Subdivision (1)
for the following:
- Maguire Partners-Solana Land, L.P., related to Centurion’s development
known as Entrada and Granada
- Project Blizzard
- Project Lynx
- Deloitte LLP
c. Section 551.072 to deliberate the purchase, exchange, lease of value of real
property regarding Town Hall offices and possible Fire Stations sites
d. 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.
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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. 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, 1301 Solana Blvd.,
Building 4, Suite 4202, Westlake, TX 76262, May 18, 2016, 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 Council
Item # 2 – Pledge of
Allegiance
Texas Pledge:
"Honor the Texas flag;
I pledge allegiance to
thee, Texas, one state
under God, one and
indivisible."
REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL
REGULAR MEETING AGENDA.
a. Consider approval of the minutes from the April 25, 2016, meeting.
b. Consider approval of Ordinance 785, Approving a negotiated Settlement between
the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corp., Mid-Tex
Division regarding the company’s 2016 Rate Review Mechanism Filings.
c. Consider approval of Resolution 16-17, Appointing a new member to the
Westlake Academy Foundation.
d. Consider approval of Ordinance 786, Chapter 36, Engineering Standards, Article
VI, Erosion Control, Sections 36-161, General Provisions and Sections 36-166,
Enforcement to establish an Erosion Control Inspection Fee for any permitted
construction site within the Town.
e. Consider approval of Resolution 16-18, Amending the Fee Schedule adding a fee
for Erosion Control.
f. Consider approval of Resolution 16-19, Approving amendments to the Personnel
Manual.
g. Consider approval of Resolution 16-20, Authorizing Approval of a Contract with
MESA Planning for Establishing Goals, Objectives, and a Framework for a Town-
Wide Public Art Program.
Town Council
Item # 3 – Review of
Consent Items
DISCUSSION ITEMS
a. Discussion of items to be placed on future agendas, updates on development
trends and progress of past development projects. (10 min)
b. Standing Item: Update and discussion regarding the Granada Development,
including items posted on the regular session agenda and the Covenants
Conditions Restrictions (CCR’s) and Design Standards. (10 min)
c. Standing Item: Update and discussion regarding the Entrada Development,
including items posted on the regular session agenda and public art. (10 min)
Town Council
Item # 4 – Discussion
Items
Discussion of items to be placed on future agendas, updates on development trends and
progress of past development projects.
Town Council
Item # 4a
Standing Item: Update and discussion regarding the Granada Development, including
items posted on the regular session agenda and the Covenants Conditions Restrictions
(CCR’s) and Design Standards.
Town Council
Item # 4b – Granada
Development
Standing Item: Update and discussion regarding the Entrada Development, including
items posted on the regular session agenda and public art.
Town Council
Item # 4c – Entrada
Development
EXECUTIVE SESSION
a. Sec. 551.071 Consultation with Attorney (1) when the governmental body seeks the advice
of its attorney about: (A) pending or contemplated litigation; or (B) a settlement offer;
(2) Consultation with Attorney on a matter in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas clearly conflicts with this chapter: Ordinance 767
b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to
discuss or deliberate regarding commercial or financial information that the governmental
body has received from a business prospect that the governmental body seeks to have
locate, stay, or expand in or near the territory of the governmental body and with which the
governmental body is conducting economic development negotiations; or (2) to deliberate
the offer of a financial or other incentive to a business prospect described by Subdivision (1)
for the following:
- Maguire Partners-Solana Land, L.P., related to Centurion’s development known as
Entrada and Granada
- Project Blizzard
- Project Lynx
- Deloitte LLP
c. Section 551.072 to deliberate the purchase, exchange, lease of value of real property
regarding Town Hall offices and possible Fire Stations sites
d. 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 Council
Item # 5 – Executive
Session
Town Council
Item # 6 – Reconvene
Council Meeting
COUNCIL RECAP / STAFF DIRECTION
Town Council
Item # 7 – Council Recap /
Staff Direction
Town Council
Item # 8 – Adjournment
Work Session
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estlake Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Westlake Town Council Meeting
Monday, May 23, 2016
TOPIC: Discussion and Consideration to elect a Mayor Pro Tempore.
STAFF CONTACT: Kelly Edwards, Town Secretary
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Informed & Engaged
Citizens / Sense of
Community
Municipal &
Academic Operations
Natural Oasis - Preserve &
Maintain a Perfect Blend of the
Community's Natural Beauty
Increase
Transparency,
Accessibility &
Communications
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: May 23, 2016 Completion Date: May 23, 2016
Funding Amount: N/A Status - Not Funded Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
Pursuant to Local Government Code Section 22.037 the Council shall elect a Mayor Pro
Tempore following the May General election.
The Mayor Pro Tem shall perform the duties of the Mayor in cases of absence or inability of the
Mayor to perform such duties.
The Mayor Pro Tem shall have the right to vote as a member of the Council.
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RECOMMENDATION
Elect a Mayor Pro Tempore.
ATTACHMENTS
None
ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports
on Items of Community Interest pursuant to Texas Government Code
Section 551.0415 the Town Council may report on the following
items: (1) expression of thanks, congratulations or condolences; (2)
information about holiday schedules; (3) recognition of individuals;
(4) reminders about upcoming Town Council events; (5) information
about community events; and (6) announcements involving imminent
threat to public health and safety.
Class of 2016 Seniors’ Special Event Day
Tuesday, May 24, 2016
9:00 am - Award Ceremony, Gym
10:30 am – Alumni Walkway Brick Laying ceremony, east side of Gym
11:30 am – Baccalaureate Service, MPH
2016 MYP Awards Ceremony
Tuesday, May 24, 2016; 1:00 pm
WA Campus – Gym
Teacher of the Year Ceremony/Reception
Tuesday, May 24, 2016; 3:30 pm
WA Campus – MPH (multi-purpose hall)
Annual PYP Strings Concert (Westlake community invited)
Tuesday, May 24, 2016; 6:00 pm
First Baptist Church, Keller
Board of Trustees/Town Council – Annual Planning Day
Wednesday, May 25, 2016: 8:30 am – 5:00 pm
Hilton Garden Inn-Alliance, 2600 Westport Parkway 76177
Nat’l Junior Honor Society & Nat’l Honor Society Induction Ceremonies
Thursday, May 25, 2016; 6:00 pm and 7:30 pm, respectively
WA Campus – MPH (multi-purpose hall)
Annual PYP Exhibition (Westlake community invited)
Thursday, May 26, 2016; Two sessions: 10:00 am – 12:00 pm and 12:30 – 2:15 pm
WA Campus – Check in at main Primary entrance for map of presentations
WA School Holiday (No bad weather make-up day needed)
Friday, May 27, 2016
Westlake Municipal Offices & Academy Closed for Memorial Day
Monday, May 30, 2016
Westlake Annual Decoration Day; Hosted by the Westlake Historical Preservations Society
Monday, May 30, 2016; 6:00 – 8:00 pm
Westlake I.O.O.F. Cemetery, 3101 JT Ottinger Road
2016 WA Senior Banquet
Thursday, June 2, 2016; 6:30 – 10:00 pm
The Marq Southlake, 285 Shady Oaks Drive 76092
*RSVP due Friday, May 20 – thank you!
Last Day of School & Whole School End of Year Picnic Lunch provided by Town of Westlake
*Special addition this year – Petting Zoo & Sno Cones provided by HOC!
Town Council
Item # 3 – Items of
Community Interest
Friday, June 3, 2016; 12:00 – 1:00 pm
WA Campus – Sports Court
2016 Commencement Ceremony
Saturday, June 4, 2016; 2:00 – 4:00 pm
Hurst Conference Center, 1601 Campus Drive 76054
Coffee & Conversation with Carol – Mayor Pro Tem (last one until Sept!)
Monday, June 6, 2016; 8-9:30 am
Marriott Solana – Great Room
Board of Trustees Workshop/Meeting
Monday, June 6, 2016; 5:00 pm
Planning & Zoning Meeting (if needed-please check website for schedule/agenda)
Monday, June 20, 2016; 6:00 pm
CITIZEN COMMENTS: This is an opportunity for citizens to address the Council on any matter
whether or not it is posted on the agenda. The Council cannot by law take action nor have any
discussion or deliberations on any presentation made to the Council at this time concerning an
item not listed on the agenda. The Council will receive the information, ask staff to review the
matter, or an item may be noticed on a future agenda for deliberation or action.
Town Council
Item # 4 – Citizen
Comments
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 April 25, 2016, meeting.
b. Consider approval of Ordinance 785, Approving a negotiated Settlement between
the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corp., Mid-Tex
Division regarding the company’s 2016 Rate Review Mechanism Filings.
c. Consider approval of Resolution 16-17, Appointing a new member to the
Westlake Academy Foundation.
d. Consider approval of Ordinance 786, Chapter 36, Engineering Standards, Article
VI, Erosion Control, Sections 36-161, General Provisions and Sections 36-166,
Enforcement to establish an Erosion Control Inspection Fee for any permitted
construction site within the Town.
e. Consider approval of Resolution 16-18, Amending the Fee Schedule adding a fee
for Erosion Control.
f. Consider approval of Resolution 16-19, Approving amendments to the Personnel
Manual.
g. Consider approval of Resolution 16-20, Authorizing Approval of a Contract with
MESA Planning for Establishing Goals, Objectives, and a Framework for a Town-
Wide Public Art Program.
Town Council
Item # 5 – Consent
Agenda
Town Council Minutes
04/25/16
Page 1 of 7
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL MEETING
April 25, 2016
PRESENT: Mayor Laura Wheat, Council Members, Alesa Belvedere, Carol Langdon, and Rick
Rennhack. Michael Barrett arrived at 5:53 p.m.
ABSENT: Wayne Stoltenberg
OTHERS PRESENT: Town Manager Thomas Brymer, Town Secretary Kelly Edwards,
Town Attorney Stan Lowry, Police Captain Tommy Simmons,
Director of Public Works Jarrod Greenwood, Finance Director
Debbie Piper, Director of Human Resources & Administrative
Services Todd Wood, Director of Facilities and Parks & Recreation
Troy Meyer, Communications Specialist Susan McFarland, Director
of Information Technology Jason Power, and Intern Joel Enders.
Work Session
1. CALL TO ORDER
Mayor Wheat called the work session to order at 5:29 p.m.
2. PLEDGE OF ALLEGIANCE
3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR
MEETING AGENDA.
No additional discussion.
Town Council Minutes
04/25/16
Page 2 of 7
4. REPORTS
a. Report for the 1st and 2nd Quarter Performance Measures for Fiscal Year ending
September 30, 2016.
Town Manager Brymer provided an overview of the Utility Fund regarding
Southlake billing discrepancies of the TRA Interlocal Agreement.
Discussion ensued regarding the Franchise page income, hotel occupancy tax
and budgeting to normalize those that fees are due and expected but not
received by the time of the report.
b. Report of Quarterly Financial Dashboard and Analysis as well as Capital Projects
for the Quarter ended March 31, 2016.
Discussion ensued regarding changing the attendance numbers to percentages
by location.
5. DISCUSSION ITEMS
a. Presentation and discussion of proposed changes to the Westlake animal control
ordinance as it relates to the registration of animals, definition updates, unlawful
restraint of dogs, danger dogs and other proposed amendments to the Code of
Ordinances.
Assistant Town Manager DeGan provided an overview of the proposed
amendments.
Discussion ensued regarding large animal grazing and ownership percentage,
leashing dogs, processing complaints, and the definition of a dangerous dog.
b. Discussion of items to be placed on future agendas, updates on development
trends and progress of past development projects.
Town Manager Brymer stated that he believes there is a strong interest in Quail
Hollow.
c. Standing Item: Update and discussion regarding the Granada Development,
including items posted on the regular session agenda and the Covenants
Conditions Restrictions (CCR’s) and Design Standards.
Discussion ensued regarding the progression of infrastructure in Phase II,
erosion control, and solid waste.
Town Council Minutes
04/25/16
Page 3 of 7
d. Standing Item: Update and discussion regarding the Entrada Development,
including items posted on the regular session agenda and public art.
Staff provided a presentation and overview of the proposed residential
component of Entrada.
Discussion ensued regarding common trash locations, street width, parking,
watering planters, highway noise, drainage, landscaping, excavation of the
westbound lanes along Solana Blvd and perimeter landscaping.
6. EXECUTIVE SESSION
The Council did not convene into executive session.
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Sec. 551.071 Consultation with Attorney (1) when the governmental body seeks the
advice of its attorney about: (A) pending or contemplated litigation; or
(B) a settlement offer; (2) Consultation with Attorney on a matter in which the duty
of the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with this chapter:
Ordinance 767
a. Section 551.087 Deliberation Regarding Economic Development
Negotiations (1) to discuss or deliberate regarding commercial or financial
information that the governmental body has received from a business prospect that
the governmental body seeks to have locate, stay, or expand in or near the territory
of the governmental body and with which the governmental body is conducting
economic development negotiations; or (2) to deliberate the offer of a financial or
other incentive to a business prospect described by Subdivision (1) for the following:
- Maguire Partners-Solana Land, L.P., related to Centurion’s development
known as Entrada and Granada
- Hillwood Properties: Project Blizzard and Project Lynx
- BRE Solana, LLC
- Deloitte LLP
b. Section 551.072 to deliberate the purchase, exchange, lease of value of real
property regarding Town Hall offices and possible Fire Stations sites
7. RECONVENE MEETING
8. COUNCIL RECAP / STAFF DIRECTION
No additional direction provided.
Town Council Minutes
04/25/16
Page 4 of 7
9. ADJOURNMENT
Mayor Wheat adjourned the work session at 7:00 p.m.
Regular Session
1. CALL TO ORDER
Mayor called the regular session to order at 7:16 p.m.
2. ITEMS OF COMMUNITY INTEREST
Director Meyer provided an overview of the Butterfly and Arbor Day proclamations and the
location established at Westlake Academy for students to create a butterfly habitat.
Council Member Rennhack stated he attended Flag at the Academy and that he was proud
of the culture with the students.
3. CITIZEN COMMENTS
No one addressed the Council.
4. CONSENT AGENDA
a. Consider approval of the minutes from the March 28, 2016, meeting.
b. Consider approval of Resolution 16-14, Appointing new member to the Texas
Student Housing Authority.
c. Consider approval of Resolution 16-15, Appointing a new member to the
Westlake Academy Foundation.
d. Consider approval of Resolution 16-16, Authorizing the Town Manager to
execute an agreement with Southwestern Bell Telephone Company d/b/a AT&T
Texas (“AT&T”), to lease Town owned telecommunications conduit (ductbank)
within the Carlyle residential development.
e. Consider approval of Ordinance 781, Amending the Ordinance authorizing the
issuance of the Town of Westlake, Texas, Combination Tax and Revenue
Certificate of Obligation, Series 2011, and enacting other provisions related to the
subject.
f. Consider approval of Ordinance 782, Amending Chapter 14 “Animals” of the
Code of Ordinances by deleting the current Chapter 14, Article II and adding
Chapter 14 “Animals” Article II.
Town Council Minutes
04/25/16
Page 5 of 7
MOTION: Council Member Rennhack made a motion to approve the consent
agenda. Council Member Langdon seconded the motion. The
motion carried by a vote of 4-0.
Mayor Wheat moved to item 8 listed on the regular agenda.
5. EXECUTIVE SESSION
The Council convened into executive session at 7:29 p.m.
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Sec. 551.071 Consultation with Attorney (1) when the governmental body seeks the
advice of its attorney about: (A) pending or contemplated litigation; or
(B) a settlement offer; (2) Consultation with Attorney on a matter in which the duty
of the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with this chapter:
Ordinance 767
b. Section 551.087 Deliberation Regarding Economic Development
Negotiations (1) to discuss or deliberate regarding commercial or financial
information that the governmental body has received from a business prospect that
the governmental body seeks to have locate, stay, or expand in or near the territory
of the governmental body and with which the governmental body is conducting
economic development negotiations; or (2) to deliberate the offer of a financial or
other incentive to a business prospect described by Subdivision (1) for the following:
- Maguire Partners-Solana Land, L.P., related to Centurion’s development
known as Entrada and Granada
- Hillwood Properties: Project Blizzard and Project Lynx
- BRE Solana, LLC
- Deloitte LLP
c. Section 551.072 to deliberate the purchase, exchange, lease of value of real
property regarding Town Hall offices and possible Fire Stations sites
6. RECONVENE MEETING
Mayor Wheat reconvened the meeting at 8:42 p.m.
7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
No action necessary.
Town Council Minutes
04/25/16
Page 6 of 7
8. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE 783,
APPROVING A PLANNED DEVELOPMENT ZONING DISTRICT (PD) SITE PLAN
FOR AN APPROXIMATELY .58-ACRE PORTION OF PLANNED DEVELOPMENT
DISTRICT 1, PLANNING AREA 2 (PD 1-2), ESTABLISHED BY ORDINANCE 703
FOR THE PROPERTY GENERALLY LOCATED SOUTH OF STATE HIGHWAY 114,
EAST OF DAVIS BOULEVARD, AND NORTH OF SOLANA BOULEVARD,
COMMONLY KNOWN AS WESTLAKE ENTRADA. THE AREA SHOWN ON THIS PD
SITE PLAN IS A PORTION OF THE ENTRADA RESIDENTIAL AREA, AND IS
LOCATED NEAR THE INTERSECTION OF SOLANA BOULEVARD, GRANADA TRAIL,
AND CORTES DRIVE.
Discussion ensued regarding the conservation of water and if any green recognition
available.
Mayor Wheat opened the public hearing.
Jeff Watson, 1719 Wisteria Way, spoke regarding the types of garages proposed for the
residences.
Mayor Wheat closed the public hearing.
MOTION: Council Member Rennhack made a motion to approve Ordinance
783. Council Member Barrett seconded the motion. The motion
carried by a vote of 4-0.
9. FUTURE AGENDA ITEMS
No future agenda items.
Town Council Minutes
04/25/16
Page 7 of 7
10. ADJOURNMENT
There being no further business before the Council, Mayor Wheat asked for a motion to
adjourn the meeting.
MOTION: Council Member Langdon made a motion to adjourn the meeting.
Council Member Belvedere seconded the motion. The motion
carried by a vote of 4-0.
Mayor Wheat adjourned the meeting at 8:42 p.m.
APPROVED BY THE TOWN COUNCIL ON MAY 23, 2016.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Page 1 of 3
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, May 23, 2016
TOPIC: Consideration of an Ordinance Approving a Negotiated Settlement
Between the Atmos Cities Steering Committee (“ACSC”) and Atmos
Energy Corporation, Mid-Tex Division (“Company”) regarding the
Company’s 2016 Rate Review Mechanism (RRM) Filings; and Approving
a Settlement Agreement with Attached Rate Tariffs and Proof of Revenues
and Other Documents Connected to these Rate Proceedings.
STAFF CONTACT: Tom Brymer, Town Manager
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Fiscal Responsibility Municipal &
Academic Operations
High Quality Planning, Design &
Development - We are a desirable
well planned, high-quality
community that is distinguished by
exemplary design standards.
Increase
Transparency,
Accessibility &
Communications
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: May 23, 2016 Completion Date: May 23, 2016
Funding Amount: N/A Status - Not Funded Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
The City, along with other similarly situated cities served by Atmos Energy Corp., Mid-Tex
Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering
Committee (“ACSC”). The RRM Tariff was originally adopted by ACSC member cities in 2007
as an alternative to the Gas Reliability Infrastructure Program (“GRIP”), the statutory provision
that allows Atmos to bypass the City’s rate regulatory authority to increase its rates annually to
recover capital investments. The RRM Tariff has been modified several times.
Page 2 of 3
The 2016 RRM filing is the fourth RRM filing under the renewed RRM Tariff. On March 1,
2016, Atmos made a filing requesting $35.4 million additional revenues on a system-wide basis.
Because the City of Dallas has a separate rate review process, exclusion of Dallas results in the
Company requesting $28.6 million from other municipalities.
It should be noted that Environs customers (ratepayers outside municipal limits) remain under
the Railroad Commission’s exclusive original jurisdiction and have their rates set through the
GRIP process. If the Company had used the GRIP process rather than the RRM process it would
have received a $41million increase, or about $11 million more than will be approved by this
proposed Ordinance.
ACSC and the Company have reached an agreement, reflected in this proposed rate Ordinance,
to reduce the Company’s request by $5.5 million, such that the Ordinance approving new rates
reflects an increase of $29.9 million on a system-wide basis, or $21.9 million for Mid-Tex Cities,
exclusive of the City of Dallas.
The tariffs attached to the Ordinance approve rates that will increase the Company’s
revenues by $29.9 million for the Mid-Tex Rate Division, effective for bills rendered on or
after June 1, 2016. The monthly residential customer charge will be $19.10. The
consumption charge will be $0.11378 per Ccf. The monthly bill impact for the typical
residential customer consuming 46.8 Ccf will be an increase of $1.26, or about 2.43%. The
typical commercial customer will see an increase of $3.81, or 1.43%. Attached to this Model
Staff Report is a summary of the impact of new rates on the average bills of all customer classes.
The ACSC Executive Committee and its designated legal counsel and consultants
recommend that all Cities adopt this Ordinance with its attachments approving the
negotiated rate settlement resolving the 2016 RRM filing, and implementing the rate
change. Further detail is contained in the attached Staff Report.
Most municipalities have retained original jurisdiction over gas utility rates and services within
their corporate limits. The Atmos Cities Steering Committee ("ACSC") is composed of
municipalities, including Westlake, in the service area of Atmos Energy Corporation, Mid-Tex
Division regardless of whether original jurisdiction has been retained. Atmos is a monopoly
public utility provider of natural gas. Because Atmos has no competitors, regulation of the rates
it charges its customers in the only way that cities can insure that natural gas rates are equitable
and competitive. Working as a coalition, via the Atmos Cities Steering Committee, to review the
rates charged by Atmos allows cities to accomplish more collectively than each city could do
acting alone. Cities have more than 100 years’ experience in regulating natural gas rates in
Texas. See attached Staff Report for background on this particular Atmos rate case. Staff
recommends approval of this ordinance establishing this “RRM Rate” mechanism
RECOMMENDATION
Recommend adoption of the proposed ordinance adopting a new RRM tariff for the Company.
Page 3 of 3
ATTACHMENTS
1. Staff Report.
2. Proposed rate ordinance.
3. Attachments to proposed rate ordinance.
7088114.1 1
April 28, 2016
MODEL STAFF REPORT
The City, along with other similarly situated cities served by Atmos Energy Corp., Mid-Tex
Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee
(“ACSC”). The RRM Tariff was originally adopted by ACSC member cities in 2007 as an
alternative to the Gas Reliability Infrastructure Program (“GRIP”), the statutory provision that
allows Atmos to bypass the City’s rate regulatory authority to increase its rates annually to recover
capital investments. The RRM Tariff has been modified several times, most recently in 2013.
The 2016 RRM filing is the fourth RRM filing under the renewed RRM Tariff. On March 1,
2016, Atmos made a filing requesting $35.4 million additional revenues on a system-wide basis.
Because the City of Dallas has a separate rate review process, exclusion of Dallas results in the
Company requesting $28.6 million from other municipalities.
Environs customers (ratepayers outside municipal limits) remain under the Railroad
Commission’s exclusive original jurisdiction and have their rates set through the GRIP process. If
the Company had used the GRIP process rather than the RRM process it would have received a $41
million increase, or about $11 million more than will be approved by the Ordinance. ACSC and
the Company have reached an agreement, reflected in the Ordinance, to reduce the Company’s
request by $5.5 million, such that the Ordinance approving new rates reflects an increase of $29.9
million on a system-wide basis, or $21.9 million for Mid-Tex Cities, exclusive of the City of Dallas.
The tariffs attached to the Ordinance approve rates that will increase the Company’s
revenues by $29.9 million for the Mid-Tex Rate Division, effective for bills rendered on or after
June 1, 2016. The monthly residential customer charge will be $19.10. The consumption charge
will be $0.11378 per Ccf. The monthly bill impact for the typical residential customer consuming
46.8 Ccf will be an increase of $1.26, or about 2.43%. The typical commercial customer will see an
increase of $3.81, or 1.43%. Attached to this Model Staff Report is a summary of the impact of
new rates on the average bills of all customer classes.
The ACSC Executive Committee and its designated legal counsel and consultants
recommend that all Cities adopt the Ordinance with its attachments approving the negotiated rate
settlement resolving the 2016 RRM filing, and implementing the rate change.
Explanation of “Be It Ordained” Sections:
1.This section approves all findings in the Ordinance.
2.This section finds the settled amount of $29.9 million to be a comprehensive settlement of
gas utility rate issues arising from Atmos Mid-Tex’s 2016 RRM filing, and that such
settlement is in the public interest and is consistent with the City’s statutory authority.
3.This section finds the existing Atmos Mid-Tex rates to be unreasonable, and approves the
new tariffed rates providing for additional revenues over currently-billed rates of $29.9
million and adopts the attached new rate tariffs (Attachment A).
7088114.1 2
4.This section establishes the baseline for pensions and other post-employment benefits for
future rate cases (Attachment C).
5.This section requires the Company to reimburse Cities for reasonable ratemaking costs
associated with reviewing and processing the RRM filing.
6.This section repeals any resolution or ordinance that is inconsistent with this Ordinance.
7.This section finds that the meeting was conducted in compliance with the Texas Open
Meetings Act, Texas Government Code, Chapter 551.
8.This section is a savings clause, which provides that if any section(s) is later found to be
unconstitutional or invalid, that finding shall not affect, impair or invalidate the remaining
provisions of this Ordinance. This section further directs that the remaining provisions of
the Ordinance are to be interpreted as if the offending section or clause never existed.
9.This section provides for an effective date upon passage which, according to the Cities’
ordinance that adopted the RRM process, is June 1, 2016.
10. This paragraph directs that a copy of the signed Ordinance be sent to a representative of the
Company and legal counsel for the Steering Committee.
Line June 1, 2016
1 Rate R @ 46.8 Ccf CURRENT PROPOSED CHANGE
2 Customer charge 18.60$
3 Consumption charge 46.8 CCF X 0.09931$=4.65
4 Rider GCR Part A 46.8 CCF X 0.31375$=14.68
5 Rider GCR Part B 46.8 CCF X 0.21977$=10.29
6 Subtotal 48.22$
7 Rider FF & Rider TAX 48.22$X 0.07853 =3.79
8 Total 52.01$
9
10 Customer charge 19.10$
11 Consumption charge 46.8 CCF X 0.11378$=5.32
12 Rider GCR Part A 46.8 CCF X 0.31375$=14.68
13 Rider GCR Part B 46.8 CCF X 0.21977$=10.29
14 Subtotal 49.39$
15 Rider FF & Rider TAX 49.39$X 0.07853 =3.88
16 Total 53.27$1.26$
17 2.43%
18
19 Rate C @ 376.4 Ccf CURRENT PROPOSED CHANGE
20 Customer charge 40.00$
21 Consumption charge 376.4 CCF X 0.08020$=30.19
22 Rider GCR Part A 376.4 CCF X 0.31375$=118.10
23 Rider GCR Part B 376.4 CCF X 0.15789$=59.43
24 Subtotal 247.72$
25 Rider FF & Rider TAX 247.72$X 0.07853 =19.45
26 Total 267.17$
27
28 Customer charge 41.75$
29 Consumption charge 376.4 CCF X 0.08494$=31.97
30 Rider GCR Part A 376.4 CCF X 0.31375$=118.10
31 Rider GCR Part B 376.4 CCF X 0.15789$=59.43
32 Subtotal 251.25$
33 Rider FF & Rider TAX 251.25$X 0.07853 =19.73
34 Total 270.98$3.81$
35 1.43%
36 Rate I @ 4379 MMBTU CURRENT PROPOSED CHANGE
37 Customer charge 700.00$
38 Consumption charge 1,500 MMBTU X 0.2937$=440.55
39 Consumption charge 2,879 MMBTU X 0.2151$=619.19
40 Consumption charge 0 MMBTU X 0.0461$=-
41 Rider GCR Part A 4,379 MMBTU X 0.3213$=1,406.76
42 Rider GCR Part B 4,379 MMBTU X 0.3746$=1,640.11
43 Subtotal 4,806.61$
44 Rider FF & Rider TAX 4,806.61$X 0.07853 =377.44
45 Total 5,184.05$
46
47 Customer charge 738.00$
48 Consumption charge 1,500 MMBTU X 0.3096$=464.40
49 Consumption charge 2,879 MMBTU X 0.2267$=652.58
50 Consumption charge 0 MMBTU X 0.0491$=-
51 Rider GCR Part A 4,379 MMBTU X 0.3213$=1,406.76
52 Rider GCR Part B 4,379 MMBTU X 0.3746$=1,640.11
53 Subtotal 4,901.85$
54 Rider FF & Rider TAX 4,901.85$X 0.07853 =384.92
55 Total 5,286.77$102.72$
56 1.98%
57 Rate T @ 4379 MMBTU CURRENT PROPOSED CHANGE
58 Customer charge 700.00$
59 Consumption charge 1,500 MMBTU X 0.2937$=440.55
60 Consumption charge 2,879 MMBTU X 0.2151$=619.19
61 Consumption charge 0 MMBTU X 0.0461$=-
62 Rider GCR Part B 4,379 MMBTU X 0.3746$=1,640.11
63 Subtotal 3,399.85$
64 Rider FF & Rider TAX 3,399.85$X 0.07853 =266.97
65 Total 3,666.82$
66
67 Customer charge 738.00$
68 Consumption charge 1,500 MMBTU X 0.3096$=464.40
69 Consumption charge 2,879 MMBTU X 0.2267$=652.58
70 Consumption charge 0 MMBTU X 0.0491$=-
71 Rider GCR Part B 4,379 MMBTU X 0.3746$=1,640.11
72 Subtotal 3,495.09$
73 Rider FF & Rider TAX 3,495.09$X 0.07853 =274.45
74 Total 3,769.54$102.72$
75 2.80%
ATMOS ENERGY CORP., MID-TEX DIVISION
AVERAGE BILL COMPARISON - BASE RATES
TEST YEAR ENDING DECEMBER 31, 2015
Ordinance 785
Page 1 of 3
ORDINANCE NO. 785
AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES
STEERING COMMITTEE (“ACSC”) AND ATMOS ENERGY CORP., MID-TEX
DIVISION REGARDING THE COMPANY’S 2016 RATE REVIEW MECHANISM
FILINGS; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING
TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE
NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE
SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC
INTEREST; REQUIRING THE COMPANY TO REIMBURSE ACSC’S REASONABLE
RATEMAKING EXPENSES; DETERMINING THAT THIS ORDINANCE WAS
PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN
MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE
DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY
AND THE ACSC’S LEGAL COUNSEL.
WHEREAS, the Town of Westlake, Texas (“Town”) is a gas utility customer of Atmos
Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and a regulatory authority
with an interest in the rates and charges of Atmos Mid-Tex; and
WHEREAS, the Town is a member of the Atmos Cities Steering Committee (“ACSC”),
a coalition of similarly-situated cities served by Atmos Mid-Tex (“ACSC Cities”) that have
joined together to facilitate the review of, and response to, natural gas issues affecting rates
charged in the Atmos Mid-Tex service area; and
WHEREAS, ACSC and the Company worked collaboratively to develop a new Rate
Review Mechanism (“RRM”) tariff that allows for an expedited rate review process by ACSC
Cities as a substitute to the Gas Reliability Infrastructure Program (“GRIP”) process instituted by
the Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost
of serving the Atmos Mid-Tex Division; and
WHEREAS, on March 1, 2016, Atmos Mid-Tex filed its 2016 RRM rate request with
ACSC Cities; and
WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2016 RRM filing
through its Executive Committee, assisted by ACSC’s attorneys and consultants, to resolve
issues identified in the Company’s RRM filing; and
WHEREAS, the Executive Committee, as well as ACSC’s counsel and consultants,
recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of $29.9
million on a system-wide basis; and
Ordinance 785
Page 2 of 3
WHEREAS, the attached tariffs implementing new rates are consistent with the
recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just,
reasonable, and in the public interest; and
WHEREAS, the RRM Tariff contemplates reimbursement of ACSC’s reasonable
expenses associated with RRM applications; and
WHEREAS, upon the recommendation of the ACSC 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
settlement should be approved and adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That the findings set forth in this Ordinance are hereby in all things
approved.
SECTION 2: That the Town Council finds that the settled amount of an increase in
revenues of $29.9 million on a system-wide basis represents a comprehensive settlement of gas
utility rate issues affecting the rates, operations, and services offered by Atmos Mid-Tex within
the municipal limits arising from Atmos Mid-Tex’s 2016 RRM filing is in the public interest,
and is consistent with the City’s authority under Section 103.001 of the Texas Utilities Code.
SECTION 3: That the existing rates for natural gas service provided by Atmos Mid-Tex
are unreasonable. The new tariffs attached hereto and incorporated herein as Attachment A, are
just and reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional
$29.9 million in revenue over the amount allowed under currently approved rates, as shown in
the Proof of Revenues attached hereto and incorporated herein as Attachment B; such tariffs are
hereby adopted.
SECTION 4: That the ratemaking treatment for pensions and other post-employment
benefits in Atmos Mid-Tex’s next RRM filing shall be as set forth on Attachment C, attached
hereto and incorporated herein.
SECTION 5: That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses
of the ACSC in processing the Company’s 2016 RRM filing.
SECTION 6:. That to the extent any resolution or ordinance previously adopted by the
Council is inconsistent with this Ordinance, it is hereby repealed.
SECTION 7: That the meeting at which this Ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
Ordinance 785
Page 3 of 3
SECTION 8: That if any one or more sections or clauses of this Ordinance is adjudged
to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the
remaining provisions of this Ordinance, and the remaining provisions of the Ordinance shall be
interpreted as if the offending section or clause never existed.
SECTION 9: That consistent with the Town Ordinance that established the RRM
process, this Ordinance shall become effective from and after its passage with rates authorized
by attached tariffs to be effective for bills rendered on or after June 1, 2016.
SECTION 10: That a copy of this Ordinance shall be sent to Atmos Mid-Tex,
care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos
Energy Corporation, 5420 LJB Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay,
General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress
Avenue, Suite 1900, Austin, Texas 78701.
PASSED AND APPROVED ON THIS 23 DAY OF MAY 2016.
_____________________________
ATTEST: Laura Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
2557/26/7087606
MID-TEX DIVISION RRC Tariff No:
ATMOS ENERGY CORPORATION
RATE SCHEDULE: R – RESIDENTIAL SALES
APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 06/01/2016 PAGE: 12
Application
Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured
through one meter.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Bill $ 19.10 per month
Rider CEE Surcharge $ 0.02 per month1
Total Customer Charge $ 19.12 per month
Commodity Charge – All Ccf $0.11378 per Ccf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company’s Tariff for Gas Service.
1Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2015.
Attachment A
Ordinance 785
MID-TEX DIVISION RRC Tariff No:
ATMOS ENERGY CORPORATION
RATE SCHEDULE: C – COMMERCIAL SALES
APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 06/01/2016 PAGE: 13
Application
Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured
through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Bill $ 41.75 per month
Rider CEE Surcharge $ 0.02 per month1
Total Customer Charge $ 41.77 per month
Commodity Charge – All Ccf $ 0.08494 per Ccf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company’s Tariff for Gas Service.
1 Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2015.
Attachment A
Ordinance 785
MID-TEX DIVISION RRC Tariff No:
ATMOS ENERGY CORPORATION
RATE SCHEDULE: I – INDUSTRIAL SALES
APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 06/01/2016 PAGE: 14
Application
Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day
for all natural gas provided at one Point of Delivery and measured through one meter. Service for
Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at
Company's sole option and will require special contract arrangements between Company and Customer.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Meter $ 738.00 per month
First 0 MMBtu to 1,500 MMBtu $ 0.3096 per MMBtu
Next 3,500 MMBtu $ 0.2267 per MMBtu
All MMBtu over 5,000 MMBtu $ 0.0486 per MMBtu
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled “Daily Price Survey.”
Replacement Index
In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table
entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
Attachment A
Ordinance 785
MID-TEX DIVISION RRC Tariff No:
ATMOS ENERGY CORPORATION
RATE SCHEDULE: I – INDUSTRIAL SALES
APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 06/01/2016 PAGE: 15
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company’s Tariff for Gas Service.
Special Conditions
In order to receive service under Rate I, Customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
Attachment A
Ordinance 785
MID-TEX DIVISION RRC Tariff No:
ATMOS ENERGY CORPORATION
RATE SCHEDULE: T – TRANSPORTATION
APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 06/01/2016 PAGE: 16
Application
Applicable, in the event that Company has entered into a Transportation Agreement, to a customer
directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the
transportation of all natural gas supplied by Customer or Customer’s agent at one Point of Delivery for
use in Customer's facility.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts
and quantities due under the riders listed below:
Charge Amount
Customer Charge per Meter $ 738.00 per month
First 0 MMBtu to 1,500 MMBtu $ 0.3096 per MMBtu
Next 3,500 MMBtu $ 0.2267 per MMBtu
All MMBtu over 5,000 MMBtu $ 0.0486 per MMBtu
Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in
accordance with Part (b) of Rider GCR.
Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Imbalance Fees
All fees charged to Customer under this Rate Schedule will be charged based on the quantities
determined under the applicable Transportation Agreement and quantities will not be aggregated for any
Customer with multiple Transportation Agreements for the purposes of such fees.
Monthly Imbalance Fees
Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu
between the highest and lowest “midpoint” price for the Katy point listed in Platts Gas Daily in the table
entitled “Daily Price Survey” during such month, for the MMBtu of Customer’s monthly Cumulative
Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds
10% of Customer’s receipt quantities for the month.
Attachment A
Ordinance 785
MID-TEX DIVISION RRC Tariff No:
ATMOS ENERGY CORPORATION
RATE SCHEDULE: T – TRANSPORTATION
APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 06/01/2016 PAGE: 17
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled “Daily Price Survey.”
Replacement Index
In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table
entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
Agreement
A transportation agreement is required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company’s Tariff for Gas Service.
Special Conditions
In order to receive service under Rate T, customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
Attachment A
Ordinance 785
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RIDER:WNA – WEATHER NORMALIZATION ADJUSTMENT
APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 11/01/2016 PAGE: 41
Provisions for Adjustment
The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized
by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall
be adjusted by an amount hereinafter described, which amount is referred to as the "Weather
Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature
sensitive residential and commercial bills based on meters read during the revenue months of November
through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls.
Computation of Weather Normalization Adjustment
The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent
per Ccf by the following formula:
(HSFi x (NDD-ADD) )
WNAFi = Ri
(BLi + (HSFi x ADD) )
Where
i = any particular Rate Schedule or billing classification within any such
particular Rate Schedule that contains more than one billing classification
WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or
classification expressed in cents per Ccf
Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or
classification.
HSFi = heat sensitive factor for the ith schedule or classification divided by the
average bill count in that class
NDD = billing cycle normal heating degree days calculated as the simple ten-year
average of actual heating degree days.
ADD = billing cycle actual heating degree days.
Bli = base load sales for the ith schedule or classification divided by the average
bill count in that class
The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as:
WNAi = WNAFi x qij
Where qij is the relevant sales quantity for the jth customer in ith rate schedule.
Attachment A
Ordinance 785
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RIDER:WNA – WEATHER NORMALIZATION ADJUSTMENT
APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 11/01/2016 PAGE: 42
Base Use/Heat Use Factors
Residential Commercial
Base use Heat use Base use Heat use
Weather Station Ccf Ccf/HDD Ccf Ccf/HDD
Abilene 10.09 0.1392 98.01 0.6440
Austin 11.21 0.1551 203.36 0.8564
Dallas 13.72 0.2048 189.83 0.9984
Waco 9.89 0.1411 129.75 0.6695
Wichita
Falls
11.49 0.1506 122.35 0.5967
Weather Normalization Adjustment (WNA) Report
On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in
Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated
its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the
company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of
Texas' Gas Services Division, addressed to the Director of that Division.
Attachment A
Ordinance 785
File Date: March 1, 2016
ATMOS ENERGY CORP., MID-TEX DIVISION
PROPOSED TARIFF STRUCTURE (BEFORE RATE CASE EXPENSE RECOVERY)
TEST YEAR ENDING DECEMBER 31, 2015
(a)(b)(c) (d) (e) (f)(g)(h)(i)(j)(k)
1 Proposed Change In Rates:29,603,205$Schedule A
2 Proposed Change In Rates without Revenue Related Taxes:27,447,850$Ln 1 divided by factor on WP_F-5.1
3
4
5
6 Revenue Requirements Allocations
7 Residential 338,431,486$77.95% Per GUD 10170 Final Order
8 Commercial 84,223,622 19.40% Per GUD 10170 Final Order
9 Industrial and Transportation 11,490,316 2.65% Per GUD 10170 Final Order
10 Net Revenue Requirements GUD No. 10170 434,145,424$
11
12
13
14
15
16 With Proportional Increase all classes but Residential and a 40% residential base charge increase:With Customer Charges Rounded Off and residential base charge increase for 2015 limited to $0.50 per RRM tariff:
17
18 Current Prospective Revenues Proposed Change
Proposed
Change In
Revenues
Proposed
Rates Proposed Revenues
19
20 Residential Base Charge 18.56$0.48$8,558,622$Residential Base Charge 0.52$9,335,278$19.08$339,813,673$
21 Residential Consumption Charge 0.09931$0.01540$12,837,933 Residential Consumption Charge 0.01447$12,061,297 0.11378$94,839,970
22 Commercial Base Charge 39.87$1.81$2,662,423 Commercial Base Charge 1.83$2,697,162 41.70$61,390,268
23 Commercial Consumption Charge 0.08020$0.00480$2,662,423 Commercial Consumption Charge 0.00474$2,626,475 0.08494$47,065,984
24 I&T Base Charge 697.35$38.03$363,224 I&T Base Charge 39.65$378,728 737.00$7,039,815
25 I&T Consumption Charge Tier 1 MMBTU 0.2937$0.0166$172,167 I&T Consumption Charge Tier 1 MMBTU 0.0159$165,150 0.3096$3,215,747
26 I&T Consumption Charge Tier 2 MMBTU 0.2151$0.0121$139,070 I&T Consumption Charge Tier 2 MMBTU 0.0116$132,888 0.2267$2,597,042
27 I&T Consumption Charge Tier 3 MMBTU 0.0461$0.0026$51,988 I&T Consumption Charge Tier 3 MMBTU 0.0025$49,955 0.0486$971,117
28 27,447,850$27,446,933$556,933,616$
29
WP_J-5
Page 2 of 4
Attachment B
Proof of Revenues
Ordinance 785
File Date: March 1, 2016
Line
No.Description
Pension
Account Plan
("PAP")
Post-
Retirement
Medical Plan
("FAS 106")
Pension
Account Plan
("PAP")
Supplemental
Executive Benefit
Plan ("SERP")
Post-
Retirement
Medical Plan
("FAS 106")
Adjustment
Total
(a)(b)(c)(d)(e)(f)(g)
1 Fiscal Year 2016 Towers Watson Report as adjusted (1), (3)5,101,680$2,896,450$7,840,683$150,433$4,466,430$
2 O&M Expense Factor (2)96.41% 96.41% 37.42%20.77% 37.42%
3 Fiscal Year 2016 Actuarially Determined O&M Benefits (Ln 1 x Ln 2)4,918,540$2,792,473$2,933,599$31,249$1,671,119$
4 Allocation to Mid-Tex (2)40.56% 40.56% 71.52% 100.00% 71.52%
5 Mid-Tex Benefits Expense Included in Rates - Proposed (Ln 3 x Ln 4)1,995,016$1,132,659$2,098,222$31,249$1,195,248$6,452,393$
6
7
Mid-Tex Benefits Expense per GUD 10359 and RRM Test Year Ending
December 31, 2014 Benchmark (4)2,831,859$2,013,260$2,925,600$34,809$2,695,721$10,501,250$
8
9 Test Year Adjustment (Line 5 minus Line 7)(836,844)$(880,601)$(827,379)$(3,561)$(1,500,472)$(4,048,856)$
10
11 Adjustment Summary:
12 Account 922 (836,844)$(880,601)$-$-$-$(1,717,445)$
13 Account 926 --(827,379)(3,561) (1,500,472) (2,331,412)
14 Total (Ln 12 plus Ln 13)(836,844)$(880,601)$(827,379)$(3,561)$(1,500,472)$(4,048,856)$
15
16
17 Notes:
18 1. Studies not applicable to Mid-Tex or Shared Services are omitted.
19 2. The factors on Lines 2 and 4 are based on the factors in 2016 RRM (Test Year Ending December 31,2015).
20 3. SSU amounts exclude cost centers which do not allocate to Mid-Tex for rate making purposes.
21 4. GUD No. 10359 is the benchmark for January-May which is the same benchmark as used in the RRM TYE December 31, 2014 for June-December.
ATMOS ENERGY CORP., MID-TEX DIVISION
PENSIONS AND RETIREE MEDICAL BENEFITS ADJUSTMENT
TEST YEAR ENDING DECEMBER 31, 2015
Shared Services Mid-Tex Direct
WP_F-2.3
Page 1 of 2
Attachment C
Ordinance 785
Line
No.Description
Pension
Account Plan
("PAP")
Post-Retirement
Medical Plan
("FAS 106")
Pension
Account Plan
("PAP")
Supplemental
Executive Benefit
Plan ("SERP")
Post-Retirement
Medical Plan
("FAS 106")
Adjustment
Total
(a)(b)(c)(d)(e)(f)(g)
1
Fiscal Year 2016 Towers Watson Report (excluding Removed Cost
Centers)5,101,680$2,896,450$7,840,683$150,433$4,466,430$
2 Allocation to Mid-Tex 40.56% 40.56% 71.52% 100.00% 71.52%
3
FY16 Towers Watson Benefit Costs (excluding Removed Cost
Centers) Allocated to MTX (Ln 1 x Ln 2)2,069,299$1,174,833$5,607,955$150,433$3,194,561$
4 O&M and Capital Allocation Factor 100.00% 100.00% 100.00% 100.00% 100.00%
5
FY16 Towers Watson Benefit Costs To Approve (excluding
Removed Cost Centers) (Ln 3 x Ln 4)2,069,299$1,174,833$5,607,955$150,433$3,194,561$12,197,081$
6
7
8 Summary of Costs to Approve:
9
10 Total Pension Account Plan ("PAP")2,069,299$5,607,955$7,677,254$
11 Total Post-Retirement Medical Plan ("FAS 106")1,174,833$3,194,561$4,369,394
12 Total Supplemental Executive Retirement Plan ("SERP")150,433$150,433
13 Total (Ln 10 + Ln 11 + Ln 12)2,069,299$1,174,833$5,607,955$150,433$3,194,561$12,197,081$
14
15
16 O&M Expense Factor 96.41% 96.41% 37.42%20.77% 37.42%
17
18 Expense Portion (Ln 13 x Ln 16)1,995,016$1,132,659$2,098,222$31,249$1,195,248$6,452,393$
19
20 Capital Factor 3.59%3.59% 62.58%79.23% 62.58%
21
22 Capital Portion (Ln 13 x Ln 20)74,283$42,174$3,509,733$119,184$1,999,313$5,744,687$
23
24 Total (Ln 18 + Ln 22)2,069,299$1,174,833$5,607,955$150,433$3,194,561$12,197,081$
ATMOS ENERGY CORP., MID-TEX DIVISION
PENSIONS AND RETIREE MEDICAL BENEFITS FOR CITIES APPROVAL
TEST YEAR ENDING DECEMBER 31, 2015
Shared Services Mid-Tex Direct
Attachment C
Ordinance 785
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, May 23, 2016
TOPIC: Consider approval a Resolution appointing a new member to the Westlake
Academy Foundation Board.
STAFF CONTACT: Kelly Edwards, Town Secretary
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Informed & Engaged
Citizens / Sense of
Community
Municipal &
Academic Operations
High Quality Planning, Design &
Development - We are a desirable
well planned, high-quality
community that is distinguished by
exemplary design standards.
Encourage Westlake's
Unique Sense of Place
Strategic Initiative
Comprehensive Plan Project Review
Time Line - Start Date: May 23, 2016 Completion Date: May 23, 2016
Funding Amount: $0 Status - Not Funded Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
We received an application from the Foundation requesting approval of Christine Ross to be
appointed to the board.
RECOMMENDATION
Approve this resolution to appoint a new member.
ATTACHMENTS
Application and Resolution
Resolution 16-17
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 16-17
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPOINTING ONE MEMBER TO THE WESTLAKE ACADEMY
FOUNDATION BOARD.
WHEREAS, Currently, vacancies exist on the Westlake Academy Foundation board;
and
WHEREAS, the Town Council has received an application for consideration of
appointment; and
WHEREAS, the meeting at which this Resolution was considered was open to the
public as required by law, and public notice of the time, place, and subject of the meeting has
been given in accordance with Chapter 551, Government Code; 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 Council of the Town of Westlake does hereby appoint the
following individual to serve as a member of the Westlake Academy Foundation board for the
term noted below:
Christine Ross – expiring June 2017
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 16-17
Page 2 of 2
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 23rd DAY OF MAY 2016.
___________________________________
Laura Wheat, Mayor
ATTEST:
____________________________________ __________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________________
L. Stanton Lowry, Town Attorney
Page 1 of 3
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Monday, May 23, 2016
TOPIC: Consider amending Chapter 36, Engineering Standards, Article VI,
Erosion Control, Sections 36-161, General Provisions, and 36-166,
Enforcement of the Town of Westlake Code of Ordinances to establish an
Erosion Control Inspection Fee for any permitted construction site within
the Town and a Penalty for violation.
STAFF CONTACT: Jarrod Greenwood, Public Works Director/Assistant to the Town Manager
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Planned / Responsible
Development
Citizen, Student &
Stakeholder
High Quality Planning, Design &
Development - We are a desirable
well planned, high-quality
community that is distinguished by
exemplary design standards.
Preserve Desirability
& Quality of Life
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: May 23, 2016 Completion Date: May 23, 2016
Funding Amount: Status - Not Funded Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
Over the past few years, the Town of Westlake like many of our neighboring communities, has
seen an increase in development activities and the need to establish appropriate construction
requirements to protect the environment and neighboring property owners.
The Town’s currently adopted Engineering Standards includes erosion control measures to be
implemented for construction within Westlake to mitigate the amount of silt that can wash onto
another property or into our lakes and ponds. Not only will silt decrease the amount of water
within a lake or pond, it will also affect the oxygen levels of the water and kill aquatic life.
Page 2 of 3
While the Town’s ordinances require erosion control measures to be used, staff believes it does
not adequately provide the necessary means in which to monitor and enforce as a considerable
amount of time is expended handling an increasing amount of complaints from neighboring
property owners, inspecting, and communicating with the parties responsible for the construction
site. An erosion control inspection fee would provide funding to help offset the increased cost
for routine inspection and reporting.
The accompanying Resolution XX will amend the FEE and USE Schedule setting the amount of
the Erosion Control Inspection Fee
RECOMMENDATION
Staff recommends amending Chapter 36, Engineering Standards, Article VI, Erosion Control,
Sections 36-161, General Provision, and 36-166, Enforcement by as follows:
Sec. 36-161. - General provisions.
(a) Any person responsible for activity which results in erosion of a measurable
accumulation of sedimentation deeper than one inch on adjacent property, in
dedicated streets, alleys or rights-of-way shall be in violation of this ordinance.
(b) Private property owners, developers, builders or any person responsible for activity
which could result in erosion shall comply with all applicable federal, state and local
regulations and be accountable for any erosion of property or construction site which
results in accumulation of sedimentation on adjacent property or in dedicated streets,
alleys or rights-of-way.
(c) The following steps shall be taken to control erosion:
(1) Maximum use shall be made of vegetation to minimize soil loss.
(2) Natural vegetation should be retained wherever possible.
(3) Where inadequate natural vegetation exists, or where it becomes necessary to
remove existing natural vegetation, temporary controls should be installed
promptly to minimize soil loss and insure that erosion and sedimentation does
not occur.
(4) Erosion control plan shall be submitted to town engineer for approval prior
to actual construction.
(5) Wastes or disposal areas and construction roads should be located and
constructed in a manner that will minimize the amount of sediment entering
streams and town storm sewers.
(6) When work areas or material sources are located in or adjacent to streams,
such area shall be separated from the stream by a dike or other barrier to
Page 3 of 3
keep sediment from entering a stream. Care shall be taken during the
construction and removal of such barriers to minimize the sediment transport
into a stream.
(7) Should preventative measures fail to function effectively, the applicant shall
act immediately to bring the erosion and/or siltation under control by
whatever additional means are necessary.
(8) Runoff shall be diverted away from construction areas as much as possible.
(9) Developers, builders, or owners of property shall permanently stabilize all
disturbed areas prior to final acceptance of the subdivision, project, and/or
structure. Stabilization shall be accomplished through the use of perennial
vegetative cover or other permanent means, such as channel lining, retaining
wall, etc.
(10) An erosion control inspection fee as set forth in the Town's fees and use
schedule in section 2-181 shall be charged for each construction project.
Sec. 36-166. - Enforcement.
Should proper erosion controls fail or become inoperative, the town shall notify the owner,
builder, or developer of the violation in writing. The person responsible for activity that could
result in erosion, owner, builder, or developer has five business days after being notified to
correct the problems; provided, however, any person responsible for activity that could result in
erosion may be cited immediately for failure to obtain a permit. If no corrections are completed
within five business days of being notified, the town may revoke the development permit,
building permit, or withhold issuance of a certificate of issue a citation, occupancy or final
accept. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this article shall be fined
not more than $500.00 for each offense. Each day that a violation is permitted to exist shall
constitute a separate offense.
ATTACHMENTS:
Ordinance – Exhibit A
Ordinance xx
Page 1 of 3
TOWN OF WESTLAKE
ORDINANCE NO. XX
AN ORDINANCE AMENDING CHAPTER 36, ENGINEERING STANDARDS,
ARTICLE VI, EROSION CONTROL, SECTIONS 36-161, GENERAL PROVISIONS,
AND 36-166, ENFORCEMENT, OF THE TOWN OF WESTLAKE CODE OF
ORDINANCES TO ESTABLISH AN EROSION CONTROL INSPECTION FEE FOR
ANY PERMITTED CONSTRUCTION SITE WITHIN THE TOWN; PROVIDING A
PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING
PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, The Town Council of the Town of Westlake has determined that erosion
control regulations are necessary to adequately protect the public health, safety and welfare; and
WHEREAS, Erosion control regulation can reduce the amount of water pollution
effecting our pods, lakes and streams; and
WHEREAS, The Town Council finds that providing routine erosion control inspections
is in the best interest of the public; and
WHEREAS, The Town Council routine erosion control inspections is in the best interest
of the public; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct and
are incorporated herein as if copied in their entirety.
SECTION 2: That Chapter 36, Engineering Standards, Article VI, Erosions Control,
Sections 36-161, General Provision, and 36-166, Enforcement, of the Town of Westlake Code of
Ordinances, as amended, is hereby amended as follows:
Sec. 36-161. - General provisions.
(a) Any person responsible for activity which results in erosion of a measurable
accumulation of sedimentation deeper than one inch on adjacent property, in
dedicated streets, alleys or rights-of-way shall be in violation of this ordinance.
(b) Private property owners, developers, builders or any person responsible for activity
which could result in erosion shall comply with all applicable federal, state and local
Ordinance xx
Page 2 of 3
regulations and be accountable for any erosion of property or construction site which
results in accumulation of sedimentation on adjacent property or in dedicated streets,
alleys or rights-of-way.
(c) The following steps shall be taken to control erosion:
(1) Maximum use shall be made of vegetation to minimize soil loss.
(2) Natural vegetation should be retained wherever possible.
(3) Where inadequate natural vegetation exists, or where it becomes necessary to
remove existing natural vegetation, temporary controls should be installed
promptly to minimize soil loss and insure that erosion and sedimentation does
not occur.
(4) Erosion control plan shall be submitted to town engineer for approval prior
to actual construction.
(5) Wastes or disposal areas and construction roads should be located and
constructed in a manner that will minimize the amount of sediment entering
streams and town storm sewers.
(6) When work areas or material sources are located in or adjacent to streams,
such area shall be separated from the stream by a dike or other barrier to
keep sediment from entering a stream. Care shall be taken during the
construction and removal of such barriers to minimize the sediment transport
into a stream.
(7) Should preventative measures fail to function effectively, the applicant shall
act immediately to bring the erosion and/or siltation under control by
whatever additional means are necessary.
(8) Runoff shall be diverted away from construction areas as much as possible.
(9) Developers, builders, or owners of property shall permanently stabilize all
disturbed areas prior to final acceptance of the subdivision, project, and/or
structure. Stabilization shall be accomplished through the use of perennial
vegetative cover or other permanent means, such as channel lining, retaining
wall, etc.
(10) An erosion control inspection fee as set forth in the Town's fees and use
schedule in section 2-181 shall be charged for each construction project.
Sec. 36-166. - Enforcement.
Should proper erosion controls fail or become inoperative, the town shall notify the owner,
builder, or developer of the violation in writing. The person responsible for activity that could
result in erosion, owner, builder, or developer has five business days after being notified to
correct the problems; provided, however, any person responsible for activity that could result in
erosion may be cited immediately for failure to obtain a permit. If no corrections are completed
within five business days of being notified, the town may revoke the development permit,
building permit, or withhold issuance of a certificate of issue a citation, occupancy or final
accept. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
Ordinance xx
Page 3 of 3
comply with or who resists the enforcement of any of the provisions of this article shall be fined
not more than $500.00 for each offense. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION 3: That all provisions of this ordinance shall remain in full force and effect.
SECTION 4: 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 5: 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 five hundred dollars ($500.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 6: It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same
would have been enacted by the Town Council of the Town of Westlake without the
incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence,
paragraph or section.
SECTION 7: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS 23rd DAY OF MAY, 2016.
ATTEST: _____________________________
Laura Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, May 23, 2016
TOPIC: Consider a Resolution Amending the Town’s Fees and Use Schedule to
include an Erosion Control Inspection Fee for any permitted construction
site within the Town.
STAFF CONTACT: Jarrod Greenwood, Public Works Director/Assistant to the Town Manager
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Strong Aesthetic
Standards
Citizen, Student
& Stakeholder
High Quality Planning,
Design & Development - We
are a desirable well planned,
high-quality community that
is distinguished by
exemplary design standards.
Encourage
Westlake's Unique
Sense of Place
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: May 23, 2016 Completion Date: May 23, 2016
Funding Amount: N/A Status - N/A Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
Over the past few years, the Town of Westlake like many of our neighboring communities, has
seen an increase in development activities and the need to establish appropriate construction
requirements to protect the environment and neighboring property owners.
The Town’s currently adopted Engineering Standards includes erosion control measures to be
implemented for construction within Westlake to mitigate the amount of silt that can wash onto
another property or into our lakes and ponds. Not only will silt decrease the amount of water
within a lake or pond, it will also affect the temperature and oxygen levels of the water and kill
aquatic life.
The proposed Resolution will amend the Town’s Fees and Use Schedule to provide funding to
help offset costs incurred by the Town to provide adequate inspections and reporting. The
proposed amendment will set the Erosion Control Inspection Fee at $1,500.00.
The accompanying Ordinance XX amends the Engineering Standards to establish an Erosion
Control Inspection Fee.
RECOMMENDATION
Staff recommends amending the Fees and Use Schedule.
ATTACHMENTS:
Resolution with Attachment A – Fees and Use Schedule
Resolution 16-18
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 16-18
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AMENDING THE FEES AND USE SCHEDULE TO INCLUDE AN EROSION
CONTROL INSPECTION FEE.
WHEREAS, The Town Council of the Town of Westlake has determined that erosion
control regulations are necessary to adequately protect the public health, safety and welfare; and
WHEREAS, Erosion control regulation can reduce the amount of water pollution
effecting our pods, lakes and streams; and
WHEREAS, The Town Council finds that routine erosion control inspections are in the
best interest of the public; and
WHEREAS, The Town Council finds that establishing an erosion control inspection fee
of $1,500.00 provides sound fiscal management; 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 Council of the Town of Westlake, Texas, hereby amends
the Fees and Use Schedule to include an erosion control inspection fee of $1,500.00, attached
hereto 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 16-18
Page 2 of 2
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 23rd DAY OF MAY 2016.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Resolution 16-18
Page 1 of 8
Exhibit A
FEES AND USE SCHEDULE
Revised
May 23, 2016
1) The fees and use charges listed in this section are in addition to any other fees and use
charges which may exist in ordinances of the town, including, but not limited to the
Uniform Fire Code, Uniform Building Code, National Electrical Code, Uniform Plumbing
Code and Uniform Mechanical Code. To the extent there is a conflict in the fees and use
charges contained in this section with other stated fees and uses, the fees and use charges
in this section shall prevail. Fees calculations based on the number of acres involved shall
be calculated by rounding up to the next whole acre.
2) ZONING CHANGE APPLICATIONS
Pre-application/pre-design conference: This is intended to provide the applicant with a
verbal interpretation of ordinances and processes, and to respond to any questions they may
have. Such meetings may involve the town consultants at the request of the town manager.
Fee: $400.00 This conference is only required, and the fee charged, at the discretion of
the Town Manager.
Straight zoning change: This includes review of the application, site visits, meetings with
the applicant and recommendations to the planning and zoning commission as well as
published notifications and public hearings.
Fee: $1,800.00 plus $90.00 per acre; $40,000.00 maximum (less fee paid for pre-
application conference).
Planned development district: This includes review of the application, site visits,
meetings with the applicant and recommendations to the planning and zoning
commission as well as published notifications and public hearings.
Fee: $1,800.00 plus $90.00 per acre (less fee paid for pre-application conference).
Specific use permit: This includes review of the application, site visits, meeting with the
applicant and recommendations to the planning and zoning commission and all public
notifications.
Fee: $1,800.00.
Amendments to approved site plans: This includes review and approval of the town
manager and/or his designee(s). If the request exceeds the legal authority of the town
manager and/or his designee(s) to grant the site plan revision, the application may be
converted to a full zoning application with payment of the balance of a full application fee.
Fee: $900.00 plus $20.00 per acre (less fee paid for pre-application conference).
Resolution 16-18
Page 2 of 8
Variance of UDC Regulations: This includes review of the application, site visits,
meetings with the applicant and associated town staff and recommendations to the board
of adjustment, and all public notifications and public hearings.
Fee: $900.00.
3) SUBDIVISION PLAT, ENGINEERING PLAN AND SITE PLAN APPLICATIONS
Pre-application or pre-design conference: Ten percent of the projected total fee for
the activity being applied for. This fee shall be credited toward the next ongoing fee,
if any, when due.
(Minimum $1,800.00)
Any subdivision plat or re-subdivision plat:
Preliminary plats: $1,800.00 plus $90.00 per acre, maximum of $36,000.00.
Final plats: $900.00 plus $90.00 per acre, maximum of $18,000.00.
Minor Plats: $900.00 plus $90.00 per acre, maximum of $18,000.00.
Engineering plans: $1,800.00 plus $90.00 per acre.
Replat: $1,800.00 plus $90.00 per acre, maximum of $36,000.00.
Site plans:
Comprehensive (final) site plans: $1,800.00 plus $90.00 per acre.
Vacation of plat: $720.00.
4) CONSTRUCTION INSPECTION FEE FOR SUBDIVISION IMPROVEMENTS
Construction inspections: The inspection fee will be six percent (6%) of certified
construction costs of the land development (including, but not limited to, public and
private improvements such as streets and roads, drainage, parking lots, fire water systems,
walls, fences, site grading, water features, parks, open space corridors, required
landscaping, irrigation, sidewalks, trails, etc., but not including building construction) for
subdivisions or re-subdivision. Estimated Inspection fees are to be paid prior to permitting
and or commencement of work on the proposed improvements and the balance based
upon certified construction costs prior to acceptance of improvements or issuance of
building permits. The construction inspection fee is in addition to any other fees listed
herein.
Resolution 16-18
Page 3 of 8
5) COMMERCIAL AND REMODEL - BUILDING PERMIT FEES
Total Valuation Fee
$1.00 to $500.00 $50.00
$501.00 to $2000.00 $50.00 for the first $500.00 plus $6.60 for each additional $100.00
or fraction thereof, up to and including $2,000.00.
$2,001.00 to
$25,000.00
$150.00 for the first $2,000.00 plus $30.00 for each additional
$1,000.00 or fraction thereof, up to and including $25,000.00.
$25,001.00 to $840.00 for the first $25,000.00 plus $21.60 for each additional
$50,000.00 $1,000.00 or fraction thereof, to and including $50,000.00.
$50,001.00 to $1,380.00 for the first $50,000.00 plus $15.00 for each additional
$100,000.00 $1,000.00, or fraction thereof, to and including $100,000.00.
$100,001.00 to $2,130.00 for the first $100,000.00 plus $12.00 for each additional
$500,000.00 $1,000.00 or fraction thereof, to and including $500,000.00.
$500,001.00 to $6,930.00 for the first $500,000.00 plus $10.20 for each additional
$1,000,000.00 $1,000.00 or fraction thereof, to and including $1,000,000.00.
1,000,001.00 and up $12,030.75 for the first $1,000,000.00 Plus $6.60 for each
additional $1,000.00 or fraction thereof.
Plan review fee: Add 65 percent to permit fee.
Other inspections and fees:
TABLE INSET:
(1) Inspections outside of normal business hours
(Minimum charge--two hours)
$75.00 per hour*
(2 hour minimum)
(2) Reinspection fees assessed under provisions of the adopted
codes.
$75.00 per hour*
(1 hour minimum)
(3) Inspections for which no fee is specifically indicated.
(Minimum charge--one-half hour)
$75.00 per hour*
(1 hour minimum)
(4) Electrical, Plumbing, and Mechanical inspections. $75.00 per hour*
(1 hour minimum)
(5) Consultants for inspections or plan review utilized for specific
specialized projects.
Actual cost
incurred.
*Or the total hourly cost to the town, whichever is the greater. This cost includes
supervision, overhead, equipment, hourly wages and benefits, and mileage.
**Actual cost includes administrative and overhead costs.
Resolution 16-18
Page 4 of 8
6) RESIDENTIAL NEW CONSTRUCTION AND ADDITIONS PERMIT FEES:
Residential building permit fees shall be the amounts calculated in accordance with the
addendum attached to Ordinance No. 470 titled Residential Building Permit Fee Formula.
7) SPECIAL BUILDING PERMIT FEES
1. Swimming pools $500.00
2. Fence if not included in building permit application $165.00
3. Fence repair and barbed wire fencing excluded No fee, no
permit
4. Demolition $250.00
5. Sprinkler system for yards $300.00
6. Any antenna $400.00
7. Sidewalk, curb cuts, driveways, concrete work in Right-of-way $200.00
8. Moving permit for buildings moved on any town street: Permanent
house relocation (plus all direct and indirect costs incurred by the
Town of Westlake due to such relocation)
$450.00
9. Construction in the public-right-of-way (other than a certificated
telecommunications provider) $600.00
10. Trenching or Excavating not within the public right-of-way (other
than a certificated telecommunications provider) $600.00
11. Water well – for private use. $1,000.00
12. Erosion Control Inspection Fee $1,500.00
8) SIGN PERMITS AND OTHER INSPECTIONS
Sign Permits
Construction signs $150.00
Temporary signs $80.00
Signs or display cases within the commercial district $200.00
Home occupation signs $75.00
Political signs No Permit
Signs within residential district (Except for home occupation signs) No Permit
Resolution 16-18
Page 5 of 8
9) RESIDENTIAL DEVELOPMENT FEE
All newly-constructed residential structures shall pay a $3,100.00 residential lot
development fee per lot where the town's duct bank is or is planned to be located, in
addition to the building permit fees. The residential lot development fee shall be payable
in conjunction with the building permit fee.
10) MISCELLANEOUS FEES AND USES
Special event permit – includes all tents, fireworks, and
temporary electrical poles. $250.00
Temporary electrical poles. For other than construction
projects. $35.00
Subdivision name change. $250.00
Street name change. $250.00 + cost of new street
name blades
Zoning verification letter $500.00
Resolution 16-18
Page 6 of 8
11) FIRE DIVISION PERMIT FEES:
1. Aboveground Storage Tanks (AGST) $150.00
2. After hour inspections $ 75.00**
3. Asbestos removal $100.00
4. Battery Systems $250.00
5. Burn Permit – Non-resident $ 50.00
6. Burn Permit – Resident No Charge
7. Candles and open flame in assembly areas $ 50.00
8. Carnivals and Fairs $ 50.00*
9. Changing UST or AGST contents $100.00
10. Compressed Gas $100.00
11. Cryogens $250.00
12. Dry Cleaning Operations – flammable/combustible liquids $ 75.00
13. Dry Cleaning Operations – non-flammable liquids $ 50.00
14. Emergency Medical Services – services and expendables #
15. Explosives or Blasting Agents – Use $150.00*
16. Fire Alarm System Review #
17. Fire Sprinkler System Review #
18. Fireworks (certified events only) $150.00*
19. Fumigation or thermal insecticidal fogging $250.00
20. Hazardous Materials – Storage, dispense, use of $ 50.00
21. Hazardous Materials Mitigation ^#
22. Highly Toxic Pesticides – Storage, use of $ 50.00
23. High-Piled Combustible Storage $ 50.00
24. Hot works operations $ 50.00
25. LPG 25-199 WGC $ 25.00
26. LPG 200-1,999 WGC $ 75.00
27. LPG 2,000 < WGC $100.00
28. LPG fueled vehicles or equipment in assembly buildings $ 50.00
29. Malls – covered $ 75.00*
30. Motor vehicle fueling dispensing station $ 50.00
31. Personnel stand-by – Fire Watch $ 35.00^
32. Personnel stand-by – Special Event $ 35.00^
33. Private Agency License Inspection/Certification $ 50.00
34. Pyrotechnic – Special events material $500.00*
35. Radioactive Materials $500.00
36. Re-inspection for fire alarm systems $ 75.00*
37. Re-inspection for new construction $ 75.00*
38. Re-inspection for sprinkler systems $ 75.00*
39. Trench Burning – Clearing Land or Rubbish $150.00
40. Underground Storage Tanks (UST) $150.00
41. UST and AGST removal or temporary out of service $ 50.00
42. Water System Analysis/Test for Fire Suppression Systems $ 25.00
Resolution 16-18
Page 7 of 8
*If required, addition cost for personnel may be charged. Additional cost for expendable
equipment and necessary apparatus may be incurred.
**Two (2) hour minimum. If required, addition cost for personnel may be charged.
Additional cost for expendable equipment and necessary apparatus may be incurred.
^Cost is per hour per personnel utilized. Additional cost for expendable equipment and
necessary apparatus may be incurred.
#Cost based on third party or contracted services provider fees. Based on agreement with
the Town, fees may be paid directly to the third party or contracted services provider.
12) FIRE PLAN CHECK FEE
0--100,000 square feet $0.015/square foot
100,001--300,000 square feet $1,500.00 for the first 100,000 square feet plus $0.014 for
each additional square foot of area.
300,001 + square feet $4,200.00 for the first 300,000 square feet plus $0.009 for
each additional square foot of area or fraction thereof.
13) AMBULANCE AND EMS FEES
BLS Emergency $400.00
ALS I $500.00
ALS II $700.00
Mileage $.10 per mile
14) GAS DRILLING AND PRODUCTION RELATED FEES:
Gas Well Pad Site Related Permits & Fees
Gas Well Pad Site Permit Application Fee (initial permit per pad site) $30,000
Approved Gas Well Pad Site Permit Annual Review & Renewal Fee 5,000
Fire Fighter Training & Equipment Fee (initial fee per approved pad site) 10,000
Setback Reduction Request/Property Owner Title Verification Fee 5,000*
*this is a minimum fee; actually cost may increase based on actual title company fees
Resolution 16-18
Page 8 of 8
Gas Well Related Permits & Fees
Gas Well Permit Application Fee (initial permit per well) $10,000
Gas Well Permit Amendment Application & Review Fee 2,500
Gas Well Certificate of Completion & Completion Inspection Fee 1,500
Tank Battery Completion & Annual Permit/Inspection Fee 1,000
Annual Approved Gas Well Permit Review, Inspection, & Permit Renewal Fee 1,500
Initial/Annual Insurance & Surety Review Fee (per approved gas well permit) 1,000
Annual Fire Fighter Training & Equipment Fee (per approved gas well permit) 2,000
Annual Safety/Hazardous Materials Plans & Reports Compliance Review Fee 1,000**
Well Re-working Permit Fee 5,000**
Gas Well Permit Transference Processing Fee 5,000**
Gas Well Permit Extension Processing Fee 5,000**
Well Abandonment Permit Application & Inspection Fee 2,500 **
Road Maintenance Agreement Review & Inspection Fee 5,000**
**this is per approved gas well permit
Pipeline Related Permits & Fees***
New Pipeline Construction Permit & Inspection Fee $5,000
New Pipeline Certificate of Completion & Inspection Fee 1,500
New Pipeline ROW/Street/Road/Easement Crossing License (license is per
crossing)
2,000
Initial/Annual Insurance & Surety Review Fee (per approved pipeline permit) 1,000
Annual Safety Report Compliance Review Fee (per approved pipeline permit) 1,000
Annual Pipeline Permit & License Renewal Fee (per new pipeline permit) 2,000
Inactive Pipeline Permit Application & Inspection Fee 2,500
Idled Pipeline Permit Application & Inspection Fee 2,500
Idled Pipeline Permit Reactivation Inspection Fee 2,500
***all permits, fees, and/or licenses in this section are for initial installation
of a new pipeline. Any extensions of this pipeline will be considered a new
pipeline and subject to all applicable permits
Seismic Testing Permit Fee $ 500
Technical Advisor Fees ****
**** Based on Actual Cost plus 10% Administrative Fee
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, May 23, 2016
TOPIC: Consider approval of a Resolution approving amendments to the Town of
Westlake Personnel Manual.
STAFF CONTACT: Todd Wood, Director of HR & Administrative Services
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Transparent / Integrity-
driven Government
Municipal &
Academic Operations
Exemplary Service & Governance
- We set the standard by delivering
unparalleled municipal and
educational services at the lowest
cost.
Attract, Recruit,
Retain & Develop the
Highest Quality
Workforce
Strategic Initiative
Codify and Maintain Organizational Policies and Procedures
Time Line - N/A Start Date: N/A Completion Date: N/A
Funding Amount: N/A Status - Funded Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
The Town of Westlake Personnel Manual is a document requiring continual updates based on
legislative changes, best practices, and organizational needs. The recommended updates are
primarily semantic, but do include some changes to internal procedures.
Recommended Policy Amendments
The first recommended policy update pertains to the Town’s Part-time Firefighter program. This
policy was written in 2005, and certain terminologies and procedures have become outdated.
The second update is a terminology change in the “Use of Town Equipment” policy.
RECOMMENDATION
Staff recommends approval of this Resolution.
ATTACHMENTS
Resolution
Exhibit “A” – Proposed Policy Additions & Amendments
Resolution 16-19
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION 16-19
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPROVING AMENDMENTS TO THE TO THE TOWN OF WESTLAKE
PERSONNEL MANUAL.
WHEREAS, the Town of Westlake realizes that updates and refinements to our
standardized personnel policies and procedures are an ongoing and necessary practice; and
WHEREAS, the goal of the Town of Westlake is to provide policies and benefits that are
competitive to surrounding cities; and
WHEREAS, the Town of Westlake desires is to provide employees with a personnel
manual that reflects the goals and vision of the Town’s leaders; 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 Westlake Town Council hereby approves the personnel policy
amendments attached to this resolution as Exhibit “A, and its inclusion into the Town of
Westlake Personnel Manual.
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 16-19
Page 2 of 2
SECTION 4: That this Resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 23rd DAY OF MAY, 2016.
___________________________________
ATTEST: Laura Wheat, Mayor
________________________________ ___________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
________________________________
L. Stanton Lowry, Town Attorney
Exhibit “A”
Firefighter Reserve Officer Program
Part-Time Firefighter Program
The Town of Westlake Firefighter Reserve Officer Program helps to maintain minimum staffing
requirements by qualified personnel on a part-time basis. The primary purpose of the Firefighter
Reserve Officer Program is to provide the community with an auxiliary unit of trained, competent
Firefighter/Paramedics. These employees supplement our regular personnel and can be used in the
event of an emergency when manpower is critical. The application and screening process for part-
time positions is the same as for full-time positions. A screening process will be conducted on
all applicants selected by the Fire Chief to be considered for available positions.
Requirements
1. Must be at least 21 years of age;
2. Must be in good physical and mental health with no disabling physical condition;
3. Must possess a valid Texas driver's license;
4. Must not have a history of criminal or improper personal conduct that may affect suitability for
public safety work;
5. Must possess a United States high school diploma or G.E.D. equivalent; and
6. Must possess current firefighter and paramedic certifications;
7. United States Citizenship required or legal authorization to work in the United States.
Hiring Process
1. Completion of Town of Westlake Employment Application
2. Completion of Personal History Statement
3. Review of Candidate Qualifications
4. Background Investigation
5. Department Interview
6. Certification and Appointment
Commitment
Part-time Firefighters are required to work a minimum amount of shifts, as outlined in the
Department’s Standard Operating Policies. Reserve Firefighters are required to work a minimum of
one 24-hour shift every calendar quarter to remain an active employee. Reserves Part-time
Firefighters not meeting this requirement will be classified as inactive for an additional calendar
quarter. If inactive for more than two consecutive calendar quarters, Part-time Firefighters may be
terminated without prior notice.
Employee Benefits
Part-time Firefighters Reserve Officer Program offers are offered only specified benefits. These
include social security match, medicare match, unemployment insurance, and workers’
compensation insurance, as required by law. Other benefits, including vacation pay, sick leave,
retirement benefits, health or disability insurance or related benefits, or any other type of employee
benefits, are not included.
Compensation
Reserve Officers Part-time Firefighters will be compensated at a rate that will be reviewed annually
during the Town’s budget process. This pay rate may be adjusted at any other time by the Town
Manager. Employees will be paid twice monthly by direct deposit in accordance with the Fire
Department’s 15-day payroll cycle.
Shift Selection
Reserve Officers will be contacted by the Department Head or shift lieutenant at the first available
opportunity when an open shift arises. If the Reserve Officer is unavailable, then the next person on
the list will be contacted and offered to work the open shift.
Uniforms
Reserves Part-time Firefighters will be provided with apparel which will identify them as a Town of
Westlake employee. In addition, bunker gear will be available for Reserves Part-time Firefighters to
use during emergency calls. Pants and footwear will not be provided.
Nature of Employment
Employees in the Firefighter Reserve Officer Program Part-time Firefighters are subject to the same
policies and departmental procedures as all other employees. Details of these policies and
procedures are contained in the Town of Westlake Personnel Manual and the Westlake Fire/EMS
DPS Standard Operating Procedures document. All Reserve Officers Part-time Firefighters will
receive a copy of the Town of Westlake Personnel Manual, either in printed or electronic form.
It shall be the responsibility of each employee to read, understand, and comply with all policies,
procedures, rules, regulations, and practices, both those of the Town and those of their respective
departments. Failure to comply may result in disciplinary action up to and including termination of
employment.
Use of Town Equipment
All desks, lockers, vehicles, computers, PDA’s, computer diskettes, CD’s storage devices, and any
other equipment assigned to employees throughout an employee’s employment remain the property
of the Town and may be inspected by a Department Head without notice. There is no expectation of
personal privacy in any desk, locker, vehicle and/or equipment owned by or belonging to the Town. If
an employee chooses to lock up personal belongings in Town property, the employee shall provide
the Department Head with a copy of the key or combination that can be used in the event of an
absence from work. The Town assumes no responsibility for loss of employees’ personal belongings
stored in Town property. For use of computer related equipment, see Section 2.05.
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, May 23, 2016
TOPIC: Consideration of a Resolution Authorizing Approval of a Contract with
MESA Planning for Establishing Goals, Objectives, and a Framework for
a Town-Wide Public Art Program.
STAFF CONTACT: Tom Brymer, Town Manager
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Vision: An oasis of nautural
beuty that maintains our
open spaces in balance with
distinctive development,
trails, and quality of life
amenities amidst an ever
expanding urban landscape.
Citizen, Student &
Stakeholder
High Quality Planning, Design &
Development - We are a desirable
well planned, high-quality
community that is distinguished by
exemplary design standards.
Preserve Desirability
& Quality of Life
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: May 23, 2016 Completion Date: N/A
Funding Amount: $25,000 Status - Funded Source - VAF (Hotel Tax)
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
As development has progressed on the Entrada mixed use development, increased discussions
have occurred on the need for public art in the multiple public gathering areas shown on
Entrada’s approved Development Plan (Master Site Plan). These discussions have led to
identifying an approach for dealing not only with public art for Entrada, but for all of Westlake.
This includes identifying an approach for identifying the types of public art Westlake wishes to
attract, the process for selecting those pieces, choosing the artists that would create these public
art pieces, and the means by which public art in Westlake might be funded. The Westlake Town
Council adopted a public art plan on July 14, 2008, however, most of it has not been
implemented due to lack of funding and a specific plan for public art acquisition and placement
Page 2 of 2
(note: the FM1938/Davis Boulevard Streetscape Plan did identify locations for public art in that
corridor, but the public art component of that corridor plan has not been yet implemented).
At the March 28, 2016 Council workshop, the topic of creating a re-constituted public art
program by engaging the services of Mr. Russell Tether, a public art expert (via a contract with
MESA Planning) was discussed with the Town Council. The Council indicated at this workshop
its interest in considering a contract with MESA (and thus Mr. Tether) to pursue this end. This
proposed contract’s scope of work is intended to achieve that outcome, i.e. a re-constituted
public art program that would establish goals, objectives, and a framework for a public art
program that could be implemented Town-wide.
RECOMMENDATION
Recommend approval of the resolution authorizing the scope of work and contract with MESA
Planning for establishing a re-constituted public art program for Westlake. Exhibit A to the
resolution is the contract with MESA Planning and describes the scope of work which will not
exceed $25,000 unless said contract is amended by the Town Council. Further, this resolution, if
approved, would amend the Town’s Operating Budget (Visitors Association Fund) for this
expenditure. The resolution, if approved, authorizes the Town Manager to sign the contract with
MESA Planning.
ATTACHMENTS
1. Resolution with Exhibit A, contract with MESA Planning for this engagement to create a
re-constituted public art program.
Resolution 16-20
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION 16-20
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPROVING A CONTRACT WITH MESA PLANNING WITH A
SCOPE OF WORK FOR ESTABLISHING GOALS, OBJECTIVES, AND A
FRAMEWORK FOR A TOWN-WIDE PUBLIC ART PROGRAM.
WHEREAS, the Westlake Town Council (Town Council) has identified excellent
quality of life as a strategic priority; and,
WHEREAS, excellent quality of life emphasizes community aesthetics which
includes public art; and,
WHEREAS, the Town Council has determined that the Town’s quality of life
revolving around aesthetics and public art would benefit from re-constituting the Town’s
public art program; and,
WHEREAS, the Town Council discussed at its March 28, 2016 retaining the
services of public art expert Russell Tether via a contract with MESA Planning to
accomplish this work on the Town’s public art program; and
WHEREAS, the Town Council is desirous of approving a contract for said work
which is described in Exhibit A attached to this resolution
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 Council of the Town of Westlake, Texas, hereby
approves with this resolution the scope of services described in the attached Exhibit “A”
to this resolution, approves an expenditure of up to $25,000 (unless this is later amended
by Town Council to exceed that amount) for this scope of services, approves a $25,000
amendment to the FY15-16 Town Budget (Visitors Association Fund) for this
expenditure, and further authorizes the Town Manager to execute said scope of services
agreement with MESA Planning for this engagement on behalf of the Town of Westlake.
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
Resolution 16-20
Page 2 of 2
remaining provisions hereof and the Council hereby determines that it would have
adopted this Resolution without the invalid provision.
SECTION 4: That this resolution shall become effective from and after its date
of passage.
PASSED AND APPROVED ON THIS 23rd DAY OF MAY 2016.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
ROBIN.H.MCCAFFREY AIA.FAICP
11700 PRESTON.RD.STE.660-299
DALLAS.TX.75230
PH + 214.535.7484
rmccaffrey@mesa-planning.com
February 19, 2016
Tom Brymer, Westlake Town Manager
3 Village Circle
Suite 202
Westlake, TX 76262
INTRODUCTION:
Not since the great depression has the role of civic, state and national government been so important to
the advancement of the arts. Although the media touts record prices for works of art at auction, and
private museums are the new status symbol of the ultra-wealthy, the artists represented throughout
these venues comprise less than 1/10 of 1% of all artists. Excessive costs are forcing galleries to close
and others to show only well-known and more profitable artists. The public's voice in art is greatly
diminished if not eliminated.
Aspiring artists are forced to relinquish their creative freedom and just try to survive.
It is these conditions that make the roll of public art initiatives so critical to our culture. When done
properly, these programs provide competitive opportunities for aspiring artists and architects, as well as
benefitting the community. Art and design initiatives can also engage the public, challenging them to
take part in determining "what is art". Throughout history, it has been the public that ultimately
determined what art is.
The city of Westlake has a unique opportunity to create a stunning cultural and architectural landscape
throughout the city. This could be accomplished by integrating public and private "life" spaces into a
master plan which defines the parameters of each area yet ensures there is congruence with the city's
goals and objectives. Ironically, this also benefits the artist because it provides them scale, scope and
direction which they can use to create their visions for a particular space.
Therefore, MESA-Planning and Russell Tether Fine Art (hereinafter the Consultant Team) have prepared
the following proposal which seeks to establish Westlake as a Local/State/National example
demonstrating the extent to which a well-established, well-managed, and inclusive Public Art Program
can enrich Westlake’s quality of life and quality of the physical city as well as make a significant
contribution for advancement of the arts in the larger Dallas/ Ft. Worth Metroplex.
SCOPE OF SERVICES
Part One: Public Art in Westlake: At the outset, it is important to establish target objectives regarding
what the Town is seeking through its Public Arts Program. There is a continued tendency for an art
program to drift toward personal preference and popular notions of aesthetic. Therefore, a clear
Resolution 16-20
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ROBIN.H.MCCAFFREY AIA.FAICP
11700 PRESTON.RD.STE.660-299
DALLAS.TX.75230
PH + 214.535.7484
rmccaffrey@mesa-planning.com
mission needs to be set in place at the beginning. This mission must be powerful and clearly stated so
that it can be used to refresh the collective mind of those advancing this program. The following tasks
explain how to formulate a Mission Statement and Goals/ Objectives for the Program.
Task 1.1: Council/ Commission Work Session
The Consultant Team will conduct a work session with the Westlake Town Council and Town Planning
Commission (in a joint session) that addresses the following:
a. A case study review of better Public Art programs, nationally
b. A discussion of the various components of Public Art and how these would manifest in
Westlake. Components include Art in Place, Art in Architecture, Public Monument, Art in
Education, Art in the everyday experience, etc.
c. Dialogue about the various components and case examples.
Task 1.2: Westlake Public art Program Goals and Objectives
Based on the outcomes of Task 1.1 (above) the Consultant Team will draft a set of Art Program goals and
objectives for Westlake. These Goals and Objectives will be arranged according to the program
components, also identified in the Task 1.1 Work Session. The Goals and Objectives will be distributed
to Commission and Council for comment.
Task 1.3: Mission Statement for the Westlake Public Art Program
Based on the outcomes of Task 1.1 and Task 1.2, the Consultant Team will draft a Mission Statement for
the Westlake Public Art Program which will serve to define its core purpose, the overarching outcome to
which all other aspects of the program are subservient. The mission Statement will be distributed to the
Town Commission and Council for review and comment.
Task 1.4: Meetings with Major Land Owners and Developers:
The Consultant Team firmly believes that the development community of Westlake will view a
disciplined and targeted Public Art Program as a Town asset having broad respect in the market place.
The partnership commitment of the land owners and developers is essential to a successful program.
Therefore, the Consultant Team will meet with key land owners and active developers to share the
Program Goals/ Objectives and Mission Statement as well as examples of how it is expected to work and
gather their comment and inputs. Where the goals and objectives or mission statement needs to be
refined or expanded, the Consultant will recommend appropriate amendments. Further the Consultant
Team will make recommended modifications to the program concepts where the expectations of the
program are a cause of concern or where the program expectations fall short of what can be
accomplished.
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ROBIN.H.MCCAFFREY AIA.FAICP
11700 PRESTON.RD.STE.660-299
DALLAS.TX.75230
PH + 214.535.7484
rmccaffrey@mesa-planning.com
Part Two: The Public Art Framework Plan: Public Art in Westlake will occupy and define space as well as
influence the form of development, depending on which aspect of the Public Art Program is being
pursued. Therefore, it is important to identify where various program aspects will be promoted. For
example, locations of monumental art needs to be targeted. The following Tasks seek to give spatial
structure to the program, thereby creating a connection between Public Art and development of the
Town.
Task 2.1: Allocation of Art type and Program component thrust within the various Plan Elements of
the Comprehensive Plan
Art placement by type and program component focus will vary according to the Character Communities,
the Street Types, the Open Space and Park types, and the Urban Design Structure as specified in the
Westlake Comprehensive Plan (Forging Westlake, 2015). Therefore, each Plan Element of the 2015
Westlake Comprehensive Plan will be analyzed to identify opportunities for Public Art (consistent with
the program Mission and Goals and Objectives). A summation of these “Public Art Opportunities” will
be prepared by the Consultant Team. Further, the “Public Art Opportunities” will be prioritized
according to the extent to which each opportunity contributes to accomplishing the stated goals and
mission.
Task 2.2: A Pubic Art Framework Plan
Based on the products of Task 2.1, above, the Consultant Team will prepare a Public Art Framework Plan
which assigns Art (by type) and program aspect (by type) to a base map showing the Land Use Character
Communities, the Thoroughfares, and Parks/Open Space as presented in the Comprehensive Plan. This
spatial allocation of the Public Art initiative will facilitate incorporation of the program into the
development review/ site plan review processes of the Town. It will also make Public Art a Transactional
consideration in the forthcoming Westlake TDSF Program.
Part Three: The Public Art Program: The Public Art Program is broad undertaking which consist of Art
(the works), Funding, and Program/Works Management. Promoting, Selecting, Acquiring, Placing,
Maintaining, and Interpreting are all important activities conducted within a coherent management
structure. Therefore, the Westlake Public Art Program must be built around the Mission it serves, the
Goals and Objectives which guide it, and the opportunities for Art in the Town. The following tasks
establish the various elements of the program which collectively comprise an effective approach to
Public Art in Westlake.
Task 3.1: Works
The Consultant Team will prepare a recommended action agenda and/ or program structure for the
various aspects of gathering, selecting, and implementing the Art works. These include:
Resolution 16-20
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ROBIN.H.MCCAFFREY AIA.FAICP
11700 PRESTON.RD.STE.660-299
DALLAS.TX.75230
PH + 214.535.7484
rmccaffrey@mesa-planning.com
a. Public Art Competition: The Consultant Team will layout an organizational structure, action
agenda, operational guide, governance, and procedures for a Westlake Public Art Competition.
This competition will place Westlake at the center of art activity in the Metroplex (perhaps the
State) and create an interface between artists (established and establishing), art interests/
institutions, and the Competition leadership that will avail a broad choice of work options to the
Town and give Westlake’s Pubic Art Program the credibility it needs to effectively fulfill its
mission.
b. Art in Architecture: The Consultant Team will layout an organizational structure, action agenda,
operational guide, governance, and procedures for a Westlake Public “Art-in-Architecture”
Program. This program will seek to include artists in the design of the Town’s built fabric so that
art becomes more integral and more a part of one’s everyday experience. An example of this is
what DART has done with the design of its Transit Stations.
c. Donations: The Consultant Team will layout an organizational structure, action agenda,
operational guide, governance, and procedures for seeking work donations at appropriate
places within the Framework plan.
d. Acquisitions: The Consultant Team will layout an organizational structure, action agenda,
operational guide, governance, and procedures for on-going Art Acquisitions.
Task 3.3: Funding
The Consultant Team will identify funding opportunities for various types of Art and develop a funding
strategy which considers:
a. Public Funding Mechanisms, including TIF or PID.
b. Corporate Sponsorship, including how to manage an on-going corporate sponsorship effort.
c. Endowment, including how to manage an on-going endowment effort.
d. Grants, identifying available grant opportunities
e. Program generated fees and income, identifying opportunities to generate revenue within the
program (such as special events, interpretation, etc.)
f. A Public Art Fund, the setting up of a fund repository serving the Westlake Public Art Program.
g. Assumption of Private exposure, includes private land owner contribution to the public fund
equal to a “normal” private investment in project art that limits the land owner’s exposure to
further cost associated with the Public Art Program.
Task 3.4: Works Management
The Consultant Team will prepare a program management manual that considers the following:
a. Placement: identifies procedures and criteria by which selected works are placed within the City
b. On-going Maintenance: identifies maintenance procedures associated with works by type and
the responsible maintaining party.
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ROBIN.H.MCCAFFREY AIA.FAICP
11700 PRESTON.RD.STE.660-299
DALLAS.TX.75230
PH + 214.535.7484
rmccaffrey@mesa-planning.com
c. Curator: identifies management and operation responsibilities of Westlake’s overall Public Art
Collection when such collection is established at an appropriate level.
d. Interpretation: identifies various means by which the Artworks of Westlake can be accessed and
appreciated by full time residents, day time residents, and visitors to the Town.
Task 3.4: On-going Support
A structure for the on-going assistance and advise of the certain members of the Consultant Team in
order to facilitate launch and operation of the Program in its early stages.
FEES
Work on this scope of services will be billed on an hourly basis. Hourly charges will not exceed $25,000
without approval of the Client. The not to exceed budget of $25,000 is not a maximum for completion
of the tasks described herein but meant to provide a basis for starting the work described herein. The
total fee required to complete all tasks can be better determined after the consultant team is able to
access various levels of public and private participation, budgets, and timeframes. Hourly fees shall be
charged in accordance with the following fee schedule:
Senior Principal (Robin McCaffrey) $120.00
Principal (Ashley Shook) $100.00
Art and Art Program Coordinator Russell Tether) $120.00
CONDITIONS
The following is listing of contractual conditions that apply to this proposal:
1. The Client will provide the following:
a. All planning documents and studies
b. Available base maps, surveys, deed restrictions and/or legal obligations associated with
the project area
c. Historic photographs
d. Information regarding pending and/or proposed projects
2. Not included in this proposal are the following:
a. Construction drawings or art designs
b. Engineered drawings and/or cost estimates
c. Legal services/ reviews
d. Cost of art acquisition
e. Liabilities associated with Art Installation
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ROBIN.H.MCCAFFREY AIA.FAICP
11700 PRESTON.RD.STE.660-299
DALLAS.TX.75230
PH + 214.535.7484
rmccaffrey@mesa-planning.com
3. This Agreement may be terminated by either party at any time by a notice to the other party, in
writing, which termination shall be effective upon receipt. If such termination shall occur
without fault or breech by MESA Planning, MESA Planning shall be entitled to be paid for
services authorized by the Client up to the time of termination, the products of which shall be
provided to the Client, in keeping with the terms of service contained in this Agreement. Owner
will be responsible for payment of all Consultant fees and reimbursables expended through the
date of termination.
4. MESA Planning may subcontract consultants in the performance of any services described in this
agreement (with Client approval).
5. Compensation for all services shall be paid in Dallas, Dallas County, Texas.
6. Invoice Schedule: Billing will be on a progress basis at the end of each month.
7. Terms: Payments are due within a maximum of 45 days from receipt of invoice.
8. If the client fails to make payments to MESA Planning in accordance with this agreement, such
failure shall be considered substantial non-performance and cause for termination or, at MESA
Planning’s option, cause for suspension of performance of service under this agreement. If
MESA Planning elects to suspend service, prior to suspension of services, MESA Planning shall
give seven (7) days written notice to the client. In the event of a suspension of services, MESA
Planning shall have no liability to the client for delay or damage caused to the client because of
such suspension of services. Client agrees to hold MESA Planning harmless from and completely
indemnify MESA Planning from and against any and all damages, costs, attorney’s fees, and/or
other expenses which MESA Planning may incur as a result of any claim by any person or entity
arising out of such suspension of work. Before resuming services, MESA Planning shall be paid all
sums due prior to suspension and any expenses incurred in the interruption and resumption of
MESA Planning’s services.
9. The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the
professional practices of persons registered as Architects in Texas. Texas Board of Architectural
Examiners, P.O. Box 12337, Austin, Texas 78711-2337; tele: 512.305.9000; fax: 512.305.9005; e-
mail: www.tbae.state.tx.us.
10. LIMITATION OF LIABILITY: To the maximum extent permitted by law, the Client agrees to limit
MESA Planning’s liability for the Client’s damages to the sum of MESA Planning’s fees indicated
in this proposal. This limitation shall apply regardless of the cause of action or legal theory pled
or asserted.
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ROBIN.H.MCCAFFREY AIA.FAICP
11700 PRESTON.RD.STE.660-299
DALLAS.TX.75230
PH + 214.535.7484
rmccaffrey@mesa-planning.com
11. By making visits to the site, MESA Planning is not assuming the responsibilities of the artist,
builder, Construction Manager, Construction Superintendent or any of their agents or
subcontractors.
12. Plans, drawings and specifications or other writings or documents prepared or provided by
MESA Planning hereunder are prepared as instruments of service for this Project only, but may
be used by MESA Planning for purposes of illustrating the scope and nature of project
involvement for business development purposes. MESA Planning shall provide Client with a
reproducible set of drawings and text for its records. MESA Planning shall not provide processes
or mechanisms that are proprietary in nature and part of the intellectual property of MESA
Planning.
13. It is expressly understood and agreed that MESA Planning shall not have control of, or charge of,
or be responsible for construction, means, methods, techniques, sequences or procedures, or
for safety precautions or programs in connection with the Project or for the acts or omissions of
any contractor, subcontractor or other persons performing work for the Site, and the Client shall
indemnify MESA Planning and hold MESA Planning harmless from and against any and all
claims, demands, losses, costs, liabilities and damages including, without limitation, reasonable
attorney’s fees and expenses, incurred by MESA Planning and arising out of or related to any of
the aforesaid.
14. Notwithstanding any other provision of this Agreement, MESA Planning and MESA Planning’s
sub-consultants shall have no responsibility for the discovery, presence, handling, removal,
disposal or exposure of persons to hazardous materials in any form at the project site, including
but not limited to asbestos, asbestos products, mold, polychlorinated biphenyl (PCB) or other
toxic substances.
15. During the term of this Agreement, MESA Planning shall maintain: Professional liability
insurance in an amount not less than $1,000,000 per occurrence and $1,000,000 annual
aggregate.
16. MESA Planning shall indemnify and hold the Client harmless from and against any and all loss,
claims, actions, damages, liability and expense in connection with loss of life, personal injury,
damage to property or any other loss or injury arising directly from or out of the negligent
performance of the Work. MESA Planning shall not be required, however, to indemnify any
party against a claim arising from the willful misconduct or negligence of that party.
17. Should any provision contained in this Agreement for any reason be held to be void, invalid,
illegal or unenforceable, such determination shall not affect any other provision hereof, and this
Agreement shall be considered as if the entirety of such void, invalid or unenforceable provision
had never been contained in this Agreement.
Resolution 16-20
Page 7 of 9
ROBIN.H.MCCAFFREY AIA.FAICP
11700 PRESTON.RD.STE.660-299
DALLAS.TX.75230
PH + 214.535.7484
rmccaffrey@mesa-planning.com
18. In the event disputes are not satisfactorily resolved through informal discussions, the Client and
MESA Planning agree that all disputes between them arising out of or relating to this Agreement
shall be submitted to non-binding mediation. In the event that the parties to this Agreement
are unable to reach a settlement through mediation, then such disputes shall be settled through
litigation, in a court of competent jurisdiction.
19. This Agreement shall be administered and interpreted under the laws of the State of Texas.
Exclusive venue shall lie in any court of competent jurisdiction located in a mutually agreed
upon venue.
20. All notification to either party by the other that is required under this Agreement shall be
personally delivered or mailed to such party at the following respective addresses:
Accepted:
____________________________________________ ______________________________
Town of Westlake by Tom Brymer, Town Manager Date
_____________________________________________ ______________________________
Mesa Planning by Robin H. McCaffrey FAICP, AISA Date
Ashley Shook and Robin McCaffrey
MESA Planning
11700 Preston Road, Suite 660-299
Dallas, Texas 75230
Phone: 214-543-9557
Tom Brymer
Town Manager
Town of Westlake
3 Village Circle
Suite 202
Westlake, TX 76262
Resolution 16-20
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ROBIN.H.MCCAFFREY AIA.FAICP
11700 PRESTON.RD.STE.660-299
DALLAS.TX.75230
PH + 214.535.7484
rmccaffrey@mesa-planning.com
Resolution 16-20
Page 9 of 9
CERTIFICATE OF INTERESTED PARTIES
FORM 1.295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-56414
Mesa Planning
dallas,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 05/16/2016
being filed.
Town of Westlake,Westlake Texas Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
2016-04
Establish goals, objectives and a framework for the public art program in Westlake
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party.
X
6 AFFIDAVIT I swear,or aff, er perju that the above disclosure is true and correct.
.01%I Pie. KELLY EDWARDS
o,-
;:, Notary Public
STATE OF TEXAS jc
';"�`•__• �'
Notary IDM 12408268-8
Tf or `+V My Comm.Ems.February 3,-8 ' Signature f uthorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE 1_ 1
Sworn to and subscribed before me,by the said sC 0bi n M Pck-rt ul this the I T� day of
201 to certify which,witness my hand and seal of office.
��7- u AFH �a ErA[/&, ,,j- n I uyj n Su-np
Si nature` fficer administering oath Printed na of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021
EXECUTIVE SESSION
a. Sec. 551.071 Consultation with Attorney (1) when the governmental body seeks the advice
of its attorney about: (A) pending or contemplated litigation; or (B) a settlement offer;
(2) Consultation with Attorney on a matter in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas clearly conflicts with this chapter: Ordinance 767
b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to
discuss or deliberate regarding commercial or financial information that the governmental
body has received from a business prospect that the governmental body seeks to have
locate, stay, or expand in or near the territory of the governmental body and with which the
governmental body is conducting economic development negotiations; or (2) to deliberate
the offer of a financial or other incentive to a business prospect described by Subdivision (1)
for the following:
- Maguire Partners-Solana Land, L.P., related to Centurion’s development known as
Entrada and Granada
- Project Blizzard
- Project Lynx
- Deloitte LLP
c. Section 551.072 to deliberate the purchase, exchange, lease of value of real property
regarding Town Hall offices and possible Fire Stations sites
d. 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 Council
Item # 6 – Executive
Session
Town Council
Item # 7 – Reconvene
Council Meeting
NECESSARY ACTION
a. Sec. 551.071 Consultation with Attorney (1) when the governmental body seeks the
advice of its attorney about: (A) pending or contemplated litigation; or (B) a settlement
offer; (2) Consultation with Attorney on a matter in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas clearly conflicts with this chapter: Ordinance 767
b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to
discuss or deliberate regarding commercial or financial information that the governmental
body has received from a business prospect that the governmental body seeks to have
locate, stay, or expand in or near the territory of the governmental body and with which
the governmental body is conducting economic development negotiations; or (2) to
deliberate the offer of a financial or other incentive to a business prospect described by
Subdivision (1) for the following:
- Maguire Partners-Solana Land, L.P., related to Centurion’s development known as
Entrada and Granada
- Project Blizzard
- Project Lynx
- Deloitte LLP
c. Section 551.072 to deliberate the purchase, exchange, lease of value of real property
regarding Town Hall offices and possible Fire Stations sites
d. 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 Council
Item # 8 – Necessary Action
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.
Town Council
Item # 9 – Future Agenda
Items
Town Council
Item # 10 – Adjournment
Regular Session