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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.” Page 1 of 5 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. Page 2 of 5 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 Page 3 of 5 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. Page 4 of 5 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. Page 5 of 5 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 Page 1 of 2 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. Page 2 of 2 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 Page 1 of 9 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. Resolution 16-20 Page 2 of 9 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 Page 3 of 9 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. Resolution 16-20 Page 4 of 9 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 Resolution 16-20 Page 5 of 9 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. Resolution 16-20 Page 6 of 9 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 Page 8 of 9 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