HomeMy WebLinkAbout06-13-16 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion
of the Town Council Work Session but not prior to the posted start time.
Mission Statement
Westlake is a unique community blending preservation of our natural environment and
viewscapes, while serving our residents and businesses with superior municipal and academic
services that are accessible, efficient, cost-effective, and transparent.
Westlake, Texas – “One-of-a-kind community; natural oasis – providing
an exceptional level of service.”
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TOWN OF WESTLAKE, TEXAS
Vision Statement
An oasis of natural beauty that maintains our open spaces in balance with distinctive
development, trails, and quality of life amenities amidst an ever expanding urban landscape.
TOWN COUNCIL MEETING
AGENDA
June 13, 2016
1301 Solana Blvd.
Building 4, Suite 4202
2ND FLOOR, COUNCIL CHAMBER
WESTLAKE, TX 76262
Workshop Session: 5:00 p.m.
Regular Session: 6:30 p.m.
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Work Session
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR
MEETING AGENDA. (10 min)
4. DISCUSSION ITEMS
a. Presentation and Discussion Regarding Regional Transportation Planning
Including the SH114 and SH170 Corridor and the Town’s Thoroughfare Plan in
Connection with these Corridors. (10 min)
b. Presentation and discussion regarding the unfunded the construction of
Telecommunications Ductbank in the GlenWyck Farms subdivision.
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. (10 min)
d. 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
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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
6. RECONVENE MEETING
7. COUNCIL RECAP / STAFF DIRECTION
8. ADJOURNMENT
Regular Session
1. CALL TO ORDER
2. 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.
3. 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.
4. 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 minute from the May 16, 2016, meeting.
b. Consider approval of the minutes from the May 23, 2016, meeting.
c. Consider approval of the minutes from the May 25, 2016, meeting.
d. Consider approval of Resolution 16-21, Adopting the provisions of Section
552.275 of Chapter 552 of The Texas Government Code and Establishes a
reasonable limit on the amount of time that personnel of the Town are required to
spend producing Public Information.
e. Consider approval of Resolution 16-22, Approving a Contract with TxDOT for
Signalization at FM 1938 (Davis Blvd.) and Dove Road.
f. Consider approval of Resolution 16-23, Authorizing payment to JEA HydroTech
Engineering, Inc. in the amount of $73,500.00 for engineering design of drainage
improvements on Dove Road.
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g. Consider approval of Resolution 16-24, Amending an existing agreement for
water service with the City of Fort Worth, Texas, relating to construction of the
Northside II 48-inch water main and allocated capacity of wholesale purchase of
treated water.
h. Consider approval of Resolution 16-25, Entering into an Interlocal Agreement
with the City of Southlake amending 1996 and 1999 Agreements regarding the N-1
Sanitary Sewer Line.
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
6. RECONVENE MEETING
7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
8. 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
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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.
9. 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, June 8, 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 minute from the May 16, 2016, meeting.
b. Consider approval of the minutes from the May 23, 2016, meeting.
c. Consider approval of the minutes from the May 25, 2016, meeting.
d. Consider approval of Resolution 16-21, Adopting the provisions of Section
552.275 of Chapter 552 of The Texas Government Code and Establishes a
reasonable limit on the amount of time that personnel of the Town are required to
spend producing Public Information.
e. Consider approval of Resolution 16-22, Approving a Contract with TxDOT for
Signalization at FM 1938 (Davis Blvd.) and Dove Road.
f. Consider approval of Resolution 16-23, Authorizing payment to JEA HydroTech
Engineering, Inc. in the amount of $73,500.00 for engineering design of drainage
improvements on Dove Road.
g. Consider approval of Resolution 16-24, Amending an existing agreement for
water service with the City of Fort Worth, Texas, relating to construction of the
Northside II 48-inch water main and allocated capacity of wholesale purchase of
treated water.
h. Consider approval of Resolution 16-25, Entering into an Interlocal Agreement
with the City of Southlake amending 1996 and 1999 Agreements regarding the N-
1 Sanitary Sewer Line.
Town Council
Item # 3 – Review of
Consent Items
DISCUSSION ITEMS
a. Presentation and Discussion Regarding Regional Transportation Planning
Including the SH114 and SH170 Corridor and the Town’s Thoroughfare Plan in
Connection with these Corridors. (10 min)
b. Presentation and discussion regarding the unfunded the construction of
Telecommunications Ductbank in the GlenWyck Farms subdivision.
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. (10 min)
d. 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
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estlake Town Council
TYPE OF ACTION
Workshop Meeting - Consent
Westlake Town Council Meeting
Monday, June 13, 2016
TOPIC: Presentation and Discussion Regarding Regional Transportation Planning
Including the SH114 and SH170 Corridor and the Town’s Thoroughfare
Plan in Connection with these Corridors.
STAFF CONTACT: Tom Brymer, Town Manager
Jarrod Greenwood, Director of Public Works
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.
Increase
Transparency,
Accessibility &
Communications
Strategic Initiative
Educate Stakeholders about our Development and Environmental Goals
Time Line - Start Date: 2016 Completion Date: 2017-18 estimated
Funding Amount: N/A Status - TBD Source - State funding for SH114 & 170
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
The purpose of this agenda item is to hear a presentation from Mr. Russell Laughlin of Hillwood
Properties providing an update regional highway planning, including planned improvements for
SH114 and 170 and other major highway projects affecting our area and region. This also may
involve a discussion of the Town’s thoroughfare plan as it relates to these highway projects.
Staff has requested analysis from MESA planning on the impact of planned improvements to
SH114 and 170 on the Town’s thoroughfare plan. This analysis will be presented at the meeting.
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RECOMMENDATION AND ATTACHMENTS
Hear the presentations from Mr. Laughlin and Staff, and ask questions about these planning
efforts as well as their impact on the Town’s thoroughfare plan.
estlake Town Council
TYPE OF ACTION
Workshop - Discussion Item
Westlake Town Council Meeting
Monday, June 13, 2016
TOPIC: Presentation and discussion regarding the unfunded Glenwyck Farms
Ductbank CIP.
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
People, Facilities, &
Technology
High Quality Planning, Design &
Development - We are a desirable
well planned, high-quality
community that is distinguished by
exemplary design standards.
Improve Technology,
Facilities &
Equipment
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: June 13, 2016 Completion Date: June 13, 2016
Funding Amount: $720,000 Status - Unfunded Source - Utility Fund/Contributions
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
Over the past several years, Town staff has received numerous complaints regarding the
telecommunications service within the Glenwyck Farms subdivision provided by OneSource
Communications. As a result, we have met with OneSource and several other telecom providers
to see what opportunities were available to improve service for residents within the Glenwyck
Farms subdivision. During this time, we learned that when Glenwyck was constructed, the
developer did not provide easements for the telecom lines. This has added a layer of
complication to the poor service as the existing provider, OneSource, does not have an easement
for their existing lines. The lack of easement is one major issue that prevents them from making
any significant upgrade to their infrastructure, i.e. installing fiber optic lines. Another issue is
that the existing copper lines are directly buried because and OneSource would excavate
residents’ yards to access their lines. Glenwyck Farms was developed in 1999, which is prior to
the Town’s requirement for developers to install telecommunications ductbank. When ductbank
is installed in a development, like Granada, telecom providers do not need to dig up resident’s
yards, they simply open an accessible junction box to make repairs or install new lines.
For comparison of what level of telecom service residents in Glenwyck Farms have, a vast
majority of the homes in Westlake have fiber optics to the home resulting in high speed
(broadband) internet service at approximately 50 Mbps. However, since Glenwyck has copper
lines, their internet speed (DSL) is typically less than 5 Mbps. This means if you have fiber optic
service you can download a full length movie in approximately 10 minutes. If you are on DSL,
it would take approximately 2 ½ hours to download the same movie.
The proposed Glenwyck Farms Ductbank project is an unfunded Capital Project included in the
5-year CIP, and would provide for the construction of approximately 11,000 LF of
telecommunication ductbank within Glenwyck to accommodate the installation of improved
telecommunication lines by any telecom provider that would be willing to enter into a lease
agreement with the Town and would connect the existing ductbank in Granada and Terra Bella.
However, the project has two significant issues that must be resolved in order to be viable:
1. To proceed with engineering, the residents in Glenwyck must provide 100% of the
easements necessary to install the proposed ductbank throughout the entire subdivision.
2. The estimated cost for this project will be $720,000 for engineering and construction.
Funding for this project is anticipated to consist of: 1) $400,000 from the Utility Fund
from Ductbank Connection Fees collected at the time of new single family residential
building permits from residents throughout the Town and; 2) $260,000 ductbank
connection fees to be collected from all 84 Glenwyck properties as a requirement to
proceed with construction resulting in a deficit funding of $60,000. This shortfall could
be mitigated by increasing the Ductbank Connection Fee for each property in Glenwyck
to $3,800.
In an effort to facilitate the proposed ductbank project in Glenwyck Farms, staff recommends the
Town enter into an agreement with the Glenwyck HOA, requiring the HOA to obtain and
provide to the Town 100% of all necessary easements and full funding participation from all
residents prior to the Town performing any engineering design and construction. Upon getting
commitment letters for easements and funding signed by 100% of residents, the Town would
conduct the necessary engineering to create easement dedication documents for property owners’
signatures.
RECOMMENDATION AND ATTACHMENTS
Staff is seeking direction from the Town Council regarding the proposed Ductbank CIP:
1. Changing the designation from Unfunded to Funded for FY 16/17
2. Increasing the Ductbank Connection Fee for residents in Glenwyck from $3,100 to $3,800
3. Entering into an agreement with the Glenwyck HOA for easement and funding acquisition
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 # 4c – 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 # 4d – 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
- 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
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
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.
Municipal Offices closed for Independence Day holiday
Monday, July 4, 2016
Looking ahead…
Planning & Zoning Meeting (if needed-please check website for schedule/agenda)
Monday, August 1, 2016; 6:00 pm
Board of Trustees Workshop/Meeting
Monday, August 8, 2016; 5:00 pm
Town Council Meeting (Budget Work Session)
Wednesday, August 10, 2016; 12:00 pm, noon
Town Council Meeting
Monday, August 22, 2016; 5:00 pm
Westlake Academy First Day of School
Thursday, August 18, 2016
*For WA Athletic events, please check the appropriate sport’s category box on the WA
Calendar webpage
Town Council
Item # 2 – Items of
Community Interest
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 # 3 – 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 minute from the May 16, 2016, meeting.
b. Consider approval of the minutes from the May 23, 2016, meeting.
c. Consider approval of the minutes from the May 25, 2016, meeting.
d. Consider approval of Resolution 16-21, Adopting the provisions of Section
552.275 of Chapter 552 of The Texas Government Code and Establishes a
reasonable limit on the amount of time that personnel of the Town are required to
spend producing Public Information.
e. Consider approval of Resolution 16-22, Approving a Contract with TxDOT for
Signalization at FM 1938 (Davis Blvd.) and Dove Road.
f. Consider approval of Resolution 16-23, Authorizing payment to JEA HydroTech
Engineering, Inc. in the amount of $73,500.00 for engineering design of drainage
improvements on Dove Road.
g. Consider approval of Resolution 16-24, Amending an existing agreement for
water service with the City of Fort Worth, Texas, relating to construction of the
Northside II 48-inch water main and allocated capacity of wholesale purchase of
treated water.
h. Consider approval of Resolution 16-25, Entering into an Interlocal Agreement
with the City of Southlake amending 1996 and 1999 Agreements regarding the N-1
Sanitary Sewer Line.
Town Council
Item # 4 – Consent
Agenda
Town Council Minutes
05/16/16
Page 1 of 2
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL MEETING
May 16, 2016
PRESENT: Mayor Laura Wheat, Council Members, Michael Barrett, Alesa Belvedere, Carol
Langdon, Rick Rennhack and Wayne Stoltenberg.
ABSENT:
OTHERS PRESENT: Town Manager Thomas Brymer, Town Secretary Kelly Edwards,
Director of Facilities and Parks & Recreation Troy Meyer, and
Communications Specialist Susan McFarland,
Special Session
1. CALL TO ORDER
Mayor called the special session to order at 6:04 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Wheat led the pledge of allegiance to the United States and Texas flags.
3. DISCUSSION AND CONSIDERATION OF ORDINANCE 784, CANVASSING THE
RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON
MAY 7, 2016, FOR THE ELECTION OF A MAYOR AND TWO (2) COUNCIL
MEMBERS TO TERMS EXPIRING MAY 2018.
Town Secretary Edwards provided an overview of the election results from both Denton
and Tarrant County.
Town Council Minutes
05/16/16
Page 2 of 2
MOTION: Council Member Rennhack made a motion to approve Ordinance
784. Council Member Langdon seconded the motion. The motion
carried by a vote of 5-0.
4. ADMINISTER OATH OF OFFICE TO NEWLY ELECTED OFFICIALS.
Town Secretary Edwards administered the Oath of Office to Mayor Wheat.
Mayor Wheat administered the Oath of Office to Council Member Belvedere and Council
Member Barrett.
5. 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 Stoltenberg seconded the motion. The motion
carried by a vote of 5-0.
Mayor Wheat adjourned the meeting at 6:09 p.m.
APPROVED BY THE TOWN COUNCIL ON JUNE 13, 2016.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Town Council Minutes
05/23/16
Page 1 of 6
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL MEETING
May 23, 2016
PRESENT: Mayor Laura Wheat, Council Members, Michael Barrett, Alesa Belvedere, Rick
Rennhack and Wayne Stoltenberg.
ABSENT: Carol Langdon
OTHERS PRESENT: Town Manager Thomas Brymer, Town Secretary Kelly Edwards,
Town Attorney Stan Lowry, Assistant Town Manager Amanda
DeGan, Director of Public Works Jarrod Greenwood, Finance
Director Debbie Piper, Director of Human Resources &
Administrative Services Todd Wood, Fire Chief Richard Whitten,
Director of Communications Ginger Awtry, Communications
Specialist Susan McFarland, Director of Information Technology
Jason Power, and Rick Chaffin.
Work Session
1. CALL TO ORDER
Mayor Wheat called the work session to order at 5:09 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Wheat led the pledge of allegiance to the United States and Texas flags.
3. REVIEW OF CONSENT AGENDA ITEMS LISTED ON THE REGULAR MEETING
AGENDA.
Mr. Robin McCaffrey, Mesa Planning, provided an overview of item g of the Consent
Agenda.
Town Council Minutes
05/23/16
Page 2 of 6
Mr. McCaffrey and Mr. Russell Tether, Russell Tether Fine Art, provided an overview of the
Public Art framework.
Discussion ensued regarding working with a curator to assist developing the program,
public participation, and establishing a steering committee.
4. DISCUSSION ITEMS
a. Discussion of items to be placed on future agendas, updates on development
trends and progress of past development projects.
Discussion ensued regarding the Roundabout at Dove Road, closing the road,
removing and saving trees, and the City of Southlake scheduling construction.
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.
Director Greenwood stated the utility infrastructure for Phase II is 85%
complete, proposed installation of a temporary construction entrance off of
Solana, paving enhancements opportunities, and efforts to meet with new
residents.
c. Standing Item: Update and discussion regarding the Entrada Development,
including items posted on the regular session agenda and public art.
Director Greenwood stated the contractor is installing the remaining sanitary
sewer in the residential section of Entrada, waiting for staff approval of the off-
site sanitary sewer schedule, and the Solana Boulevard expansion should take
approximately 120 days to complete.
5. EXECUTIVE SESSION
The Council convened into executive session at 5:58 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
Town Council Minutes
05/23/16
Page 3 of 6
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
6. RECONVENE MEETING
Mayor Wheat reconvened the meeting at 8:01 p.m.
7. COUNCIL RECAP / STAFF DIRECTION
No additional direction provided.
8. ADJOURNMENT
Mayor Wheat adjourned the work session at 8:02 p.m.
Regular Session
1. CALL TO ORDER
Mayor called the regular session to order at 8:02 p.m.
Town Council Minutes
05/23/16
Page 4 of 6
2. DISCUSSION AND CONSIDERATION TO ELECT A MAYOR PRO TEMPORE.
MOTION: Council Member Rennhack made a motion to elect Council Member
Langdon as Mayor Pro Tempore. Council Member Barrett seconded
the motion. The motion carried by a vote of 4-0.
3. ITEMS OF COMMUNITY INTEREST
Town Manager Brymer provide an overview of the upcoming events.
4. CITIZEN COMMENTS
No one addressed the Council.
5. CONSENT 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.
MOTION: Council Member Belvedere made a motion to approve the consent
agenda. Council Member Stoltenberg seconded the motion. The
motion carried by a vote of 4-0.
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:
Town Council Minutes
05/23/16
Page 5 of 6
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.
No action necessary.
9. FUTURE AGENDA ITEMS
No future agenda items.
Town Council Minutes
05/23/16
Page 6 of 6
10. ADJOURNMENT
There being no further business before the Council, Mayor Wheat asked for a motion to
adjourn the meeting.
MOTION: Council Member Rennhack made a motion to adjourn the meeting.
Council Member Belvedere seconded the motion. The motion
carried by a vote of 4-0.
Mayor Wheat adjourned the meeting at 8:05 p.m.
APPROVED BY THE TOWN COUNCIL ON JUNE 13, 2016.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Town Council Minutes
05/25/16
Page 1 of 4
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL MEETING
May 25, 2016
PRESENT: Mayor Laura Wheat, Council Members, Michael Barrett, Alesa Belvedere, and
Wayne Stoltenberg. Rick Rennhack arrived at 11:15 a.m.
ABSENT: Carol Langdon
OTHERS PRESENT: Town Manager Thomas Brymer, Town Secretary Kelly Edwards,
Town Attorney Stan Lowry, Assistant Town Manager Amanda
DeGan, Director of Public Works Jarrod Greenwood, Finance
Director Debbie Piper, Director of Human Resources &
Administrative Services Todd Wood, Fire Chief Richard Whitten,
KPD Police Chief Mike Wilson, Director of Communications Ginger
Awrty, Director of Facilities and Parks & Recreation Troy Meyer,
Finance Supervisor Jaymi Ford, Director of Information
Technology Jason Power, Finance Director Debbie Piper, Planning
and Development Director Eddie Edwards, Rick Chaffin, Executive
Principal & Director of Education Dr. Mechelle Bryson, MYP
Principal Dr. Andra Barton, DP Principal/Coordinator Stacy
Stoyanoff, Student Services Administrator Jennifer Furnish, and
Dr. Shelly Myers WA Foundation Director.
Work Session
1. CALL TO ORDER
Mayor Wheat called the work session to order at 8:49 a.m.
Welcome and Introductions
Town Manager Brymer provided an overview of the goals for the retreat.
Town Council Minutes
05/25/16
Page 2 of 4
Mr. Mike Conduff, The Elim Group, provided an overview of the agenda, key items of
discussion, and items to accomplish today.
Key Items:
Guide messages to the community
Speak with ‘One Voice’
Growth
Academy and Town interaction
Provide service and build trust with each other and with our community
The High Performance Pyramid
What do we need to operate this way?
Discuss these questions:
• What do you need from others from within your group to be successful in
your role?
• What do you need from the other groups?
Reflection Time
Sometimes we see things differently depending on the chair we sit in.
• Top two or three “ah-ha” moments
• Course corrections or tweaks to our existing practices to consider
• Other thoughts that we need to capture
• What beliefs or “paradigms” do we hold about Westlake?
• What beliefs or “paradigms” does the community hold about Westlake?
• What is going on around us, or internally, that can significantly impact us?
• Is our strategic direction still valid for us?
Attendees divided into three (3) groups to discuss these questions.
Discussion ensued regarding the group discussions.
Systems Review
• Values, Vision, Mission
• Strategic Themes (Balanced Scorecard)
• Comprehensive Plan
Encountering the Future - are we at a crossroads? If so, what is it?
• Examine our Direction
• Vision Values Mission
• What, if any, course adjustments
• Are we “Aligned”?
Assistant Town Manager DeGan provided an overview of the systems review.
Town Council Minutes
05/25/16
Page 3 of 4
Discussion ensued regarding VVM, Balanced Scorecard, policies of the Comprehensive
Plan, key connections, future leadership, Westlake 101 videos, and sharing successes,
cost of compliance/design. Additional discussion ensued regarding investing on the
front end regarding staffing and fostering community vs. neighborhood relationships.
Follow up items:
Westlake 101 videos - sharing successes, cost of compliance/design, and
updates regarding the impact development; branding, updating marketing
material, revisiting the VVM in June, removing the WA vision statement by
adding a purpose statement.
Examining our systems, structures, and processes (how we execute
our strategic systems)
• Citizen feedback mechanisms
• Five year financial forecast
• Capital Improvement Plan (CIP)
• Budget overviews
• Governance structure & processes - review our policies
Staff members DeGan, Piper, Greenwood and Dr. Bryson provided an overview of the
items listed above.
Discussion ensued regarding the survey results, Capital Improvement Plan, and
proposed budget and forecast.
Start Stop Continue Exercise
• Based on today’s work, name something we are not doing that we
should START doing
• Name something that we are currently doing that we should STOP
doing
• Name something that we do now that works, and that we should
CONTINUE doing
• Affinity Grouping Process
• Three Groups to Report out (if time allows)
• Start/Stop Exercise Results
• Action Plan
2. WRAP-UP / STAFF DIRECTION
Town Council Minutes
05/25/16
Page 4 of 4
3. ADJOURNMENT
The meeting adjourned at 4:15 p.m.
APPROVED BY THE TOWN COUNCIL ON JUNE 13, 2016.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, June 13, 2016
TOPIC: Consider approval of a Resolution Adopting the provisions of section 552.275 of
Chapter 552 of the Texas Government Code and establishes a reasonable limit on
the amount of time that personnel of the Town are required to spend producing
public information.
STAFF CONTACT: Kelly Edwards, Town Secretary
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective
Transparent / Integrity-driven
Government Fiscal Stewardship
Exemplary Service & Governance -
We set the standard by delivering
unparalleled municipal and
educational services at the lowest
cost.
Maximize Efficiencies
& Effectiveness
Strategic Initiative
Codify and Maintain Organizational Policies and Procedures
Time Line - Start Date: June 13, 2016 Completion Date: June 13, 2016
Funding Amount: Status - $0.00 Not Funded Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
The Town may enact a provision of Chapter 552, establishing a reasonable amount of time personnel are
required to spend processing Public Information Requests. Local Governments are required to be
transparent by Statue.
Information such as minutes, ordinances, resolutions, check registers, budgets, audits, the Capital
Improvement Plan and additional financial documents are all accessible via the Town’s website.
Enactment of this provision would not decrease transparency or accessibility.
Page 2 of 2
Sec. 552.275. REQUESTS THAT REQUIRE LARGE AMOUNTS OF EMPLOYEE OR PERSONNEL
TIME.
(a) A governmental body may establish a reasonable limit on the amount of time that personnel of
the governmental body are required to spend producing public information for inspection or duplication
by a requestor, or providing copies of public information to a requestor, without recovering its costs
attributable to that personnel time.
(b) A time limit established under Subsection (a) may not be less than 36 hours for a requestor
during the 12-month period that corresponds to the fiscal year of the governmental body.
During the last year, sharp increase has required the Town’s limited Staff and Town Secretary to review
several email searches of 8,000 to 15,000 emails which may be responsive to various requests. The costs
associated with a majority of these requests are not recoverable due to the requestor’s preference to
receive electronic copies of any responsive information. As provided by law if the Town has the
capability to produce the information in the medium requested we must comply. Therefore, the time spent
by the Town Staff and our Town Attorneys are not recoverable. Some of these requests have resulted in
Town Staff and Town Attorneys spending several hours per day for weeks to process. This year’s legal
fees have surpassed $15,000.00 to process requests for information thus far.
RECOMMENDATION
Due to an increase in open records request, several of those request being from the same requestors, the
accumulation of non-budgeted/non-recoverable expenses, and the detrimental effect of the time
commitment on Town business, Staff recommends approval of this Resolution to prevent requestors who
may be using the Open Government law in an abusive fashion.
ATTACHMENTS
Resolution
Resolution 16-21
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 16-21
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, ADOPTING THE PROVISIONS OF SECTION 552.275 OF CHAPTER 552
OF THE TEXAS GOVERNMENT CODE AND ESTABLISHES A REASONABLE
LIMIT ON THE AMOUNT OF TIME THAT PERSONNEL OF THE TOWN ARE
REQUIRED TO SPEND PRODUCING PUBLIC INFORMATION.
WHEREAS, the Town of Westlake, Texas ("Town”), is committed to the policy of
open government and has strived to make records accessible; and,
WHEREAS, Westlake Academy is part of the Town, and request to Westlake
Academy are aslo included in the policy; and,
WHEREAS, some citizens have requested records in an abusive fashion, creating an
insurmountable amount of work for the small Town staff; and
WHEREAS, this has created a detrimental time commitment for Staff to process
routine Town business and additional non-recoverable expenses for the citizens of the
Town; 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, all matters stated in the preamble are found to be true and correct
and are incorporated herein as if set out here in their entirety.
SECTION 3: That, the Town hereby adopts the provisions of Section 552.275 of
Chapter 552 of the Texas Government Code and establishes a reasonable limit on the amount of
time that personnel of the Town are required to spend producing public information for
inspection or duplication by a requestor, or providing copies of public information to a requestor,
without recovering its costs attributed to that personnel time.
Resolution 16-21
Page 2 of 2
SECTION 4: That, the time limit established for inspection or duplication, set out above
is 36 hours in one 12-month period that corresponds to the fiscal year of the Town and further,
requests submitted by a minor shall be attributable to the parent, guardian or other person who
has control of the minor.
SECTION 5: That, the Town will follow the provisions of Section 552.275 of the Texas
Government Code in regard to written estimates about time expended, costs, and in regard to the
exceptions provided for by that statute.
SECTION 6: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION 7: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 13th DAY OF JUNE 2016.
ATTEST: _____________________________
Laura L. 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, June 13, 2016
TOPIC: Authorize the Town Manager to execute an Advanced Funding Agreement
with TxDOT for the construction of a traffic signal at the FM 1938-Dove
intersection.
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
People, Facilities, &
Technology
High Quality Planning, Design &
Development - We are a desirable
well planned, high-quality
community that is distinguished by
exemplary design standards.
Improve Technology,
Facilities &
Equipment
Strategic Initiative
Conduct Neighborhood Meetings and Discussions
Time Line - Start Date: June 13, 2016 Completion Date: June 13, 2016
Funding Amount: $170,500 Status - Funded Source - General Fund
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
The Town performed a Warrant Study last summer that has determined a traffic signal is needed
at the FM 1938 and Dove intersection. Since that time, staff has been working with TxDOT and
our traffic engineer on signal plans which have now been approved by TxDOT for construction.
However, in order to proceed, TxDOT requires the Town to enter into an “Advanced Funding
Agreement” for the Town to pre-pay TxDOT for the signal construction. Once executed and
payment made, TxDOT will place the project on the construction schedule. We anticipate the
FM 1938/Dove signal to start late this fall and be operation around the end of the calendar year.
The Town will receive approximately $26,000 reimbursement from Fidelity as required by our
developer agreement for this signal project.
Granada and Entrada development agreements do not provide for any contribution to this signal
project.
RECOMMENDATION
Staff recommends approval of the Advanced Funding Agreement with TxDOT.
ATTACHMENTS
Resolution with Attachment A - Proposed Advanced Funding Agreement
Resolution 16-22
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 16-22
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE AN ADVANCED
FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR CONSTRUCTION OF A TRAFFIC SIGNAL AT THE FM
1938 AND DOVE INTERSECTION.
WHEREAS, the Town Council finds that signalization of the intersection benefits
commuters and citizens and is in the best interest of residential and corporate citizens; and
WHEREAS, Westlake desires to provide residents and commuters safe and aesthetically
pleasing streets to travel; and
WHEREAS, the Town Council finds that the proposed agreement with the Texas
Department of Transportation is necessary for the construction of the traffic signal at the FM
1938 and Dove intersection; 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 approves
the agreement with the Texas Department of Transportation, in the amount of $170,500 for the
construction of a traffic signal at the FM 1938 and Dove intersection attached here to as Exhibit
“A”; and further authorizes the Town Manager to execute said agreement on behalf of the Town
of Westlake, Texas.
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 16-22
Page 2 of 2
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 13TH DAY OF JUNE 2016.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
AFA-AFA_VolTIP Page 1 of 6 Revised 04/29/2016
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT FOR VOLUNTARY
LOCAL GOVERNMENT CONTRIBUTIONS
TO TRANSPORTATION IMPROVEMENT
PROJECTS WITH NO REQUIRED MATCH
THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas
Department of Transportation, called the “State”, and the Town of Westlake, acting by and
through its duly authorized officials, called the “Local Government.”
WITNESSETH
WHEREAS, Transportation Code, Chapters 201, 221, and 361, authorize the State to lay out,
construct, maintain, and operate a system of streets, roads, and highways that comprise the State
Highway System; and,
WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221,
authorize the State to contract with municipalities and political subdivisions; and,
WHEREAS, Texas Transportation Commission Minute Order Number #114417 authorizes the
State to undertake and complete a highway improvement generally described as Traffic Signal
Installation Non-Site Specific and,
WHEREAS, the Local Government has requested that the State allow the Local Government to
participate in said improvement by funding that portion of the improvement described as,
installation of a traffic signal at the intersection of FM -1938 and Dove in
Westlake. This will include Mast Arms, Signal Poles, Pedestrian Poles, Radar
Detection System, Signal Controller, Pedestrian Signals, Electrical Service,
Signs, Crosswalks and Pavement Markings, called the “Project"; and,
WHEREAS, the State has determined that such participation is in the best interest of the citizens of
the State;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the
State and the Local Government do agree as follows:
AGREEMENT
1.Time Period Covered
This agreement becomes effective when signed by the last party whose signing makes the
agreement fully executed, and the State and the Local Government will consider it to be in full
force and effect until the Project described in this agreement has been completed and accepted
by all parties or unless terminated, as provided for by this agreement.
CSJ # 0902 – 00 – 142
District # 02 – Fort Worth
Code Chart 64 # 45150
Project: Traffic Signal at FM-1938/
Dove Town of Westlake Res 16-22
CSJ # 0902 – 00 – 142
District # 02 – Fort Worth
Code Chart 64 # 45150
Project: Traffic Signal at FM-1938/
Dove
AFA-AFA_VolTIP Page 2 of 6 Revised 04/29/2016
2.Project Funding and Work Responsibilities
A. The State will authorize the performance of only those Project items of work which the Local
Government has requested and has agreed to pay for as described in Attachment A,
Payment Provision and Work Responsibilities which is attached to and made a part of this
contract. In addition to identifying those items of work paid for by payments to the State,
Attachment A, Payment Provision and Work Responsibilities, also specifies those Project
items of work that are the responsibility of the Local Government and will be carried out and
completed by the Local Government, at no cost to the State.
B. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local
Government shall remit its remaining financial share for the State’s estimated construction
oversight and construction costs.
C. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing.
The Local Government shall make payment to the State within thirty (30) days from receipt of
the State’s written notification.
D. W henever funds are paid by the Local Government to the State under this agreement, the
Local Government shall remit a check or warrant made payable to the "Texas Department of
Transportation." The check or warrant shall be deposited by the State and managed by the
State. The funds may only be applied by the State to the Project. If after final Project
accounting any excess funds remain, those funds may be applied by the State to the Local
Government's contractual obligations to the State under another advance funding agreement
with approval by appropriate personnel of the Local Government.
3.Right of Access
If the Local Government is the owner of any part of the Project site, the Local Government shall
permit the State or its authorized representative access to the site to perform any activities
required to execute the work.
4.Adjustments Outside the Project Site
The Local Government will provide for all necessary right of way and utility adjustments needed
for performance of the work on sites not owned or to be acquired by the State.
5.Responsibilities of the Parties
The State and the Local Government agree that neither party is an agent, servant, or employee
of the other party and each party agrees it is responsible for its individual acts and deeds as well
as the acts and deeds of its contractors, employees, representatives, and agents.
CSJ # 0902 – 00 – 142
District # 02 – Fort Worth
Code Chart 64 # 45150
Project: Traffic Signal at FM-1938/
Dove
AFA-AFA_VolTIP Page 3 of 6 Revised 04/29/2016
6.Document and Information Exchange
The Local Government agrees to electronically deliver to the State all general notes,
specifications, contract provision requirements and related documentation in a Microsoft® Word
or similar document. If requested by the State, the Local Government will use the State's
document template. The Local Government shall also provide a detailed construction time
estimate including types of activities and month in the format required by the State. This
requirement applies whether the local government creates the documents with its own forces or
by hiring a consultant or professional provider. At the request of the State, the Local
Government shall submit any information required by the State in the format directed by the
State.
7. Interest
The State will not pay interest on funds provided by the Local Government. Funds provided by
the Local Government will be deposited into, and retained in, the State Treasury.
8.Inspection and Conduct of Work
Unless otherwise specifically stated in Attachment A, Payment Provision and Work
Responsibilities, to this contract, the State will supervise and inspect all work performed
hereunder and provide such engineering inspection and testing services as may be required to
ensure that the Project is accomplished in accordance with the approved plans and
specifications. All correspondence and instructions to the contractor performing the work will be
the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this
contract, all work will be performed in accordance with the Standard Specifications for
Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and
incorporated in this agreement by reference, or special specifications approved by the State.
9.Increased Costs
If any existing or future local ordinances, commissioners court orders, rules, policies, or other
directives, including but not limited to outdoor advertising billboards and storm water drainage
facility requirements, are more restrictive than State or Federal Regulations, or if any other locally
proposed changes, including but not limited to plats or replats, result in increased cost to the
department for a highway improvement project, then any increased costs associated with the
ordinances or changes will be paid by the Local Government. The cost of providing right of way
acquired by the State shall mean the total expenses in acquiring the property interests either
through negotiations or eminent domain proceedings, including but not limited to expenses
related to relocation, removal, and adjustment of eligible utilities.
10. Maintenance
Upon completion of the Project, the State will assume responsibility for the maintenance of the
completed Project unless otherwise specified in Attachment A to this agreement.
11.Termination
A. This agreement may be terminated in the following manner:
1.By mutual written agreement and consent of both parties;
2.By either party upon the failure of the other party to fulfill the obligations set forth in this
agreement; or
CSJ # 0902 – 00 – 142
District # 02 – Fort Worth
Code Chart 64 # 45150
Project: Traffic Signal at FM-1938/
Dove
AFA-AFA_VolTIP Page 4 of 6 Revised 04/29/2016
3.By the State if it determines that the performance of the Project is not in the best interest
of the State.
B. If the agreement is terminated in accordance with the above provisions, the Local
Government will be responsible for the payment of Project costs incurred by the State on
behalf of the Local Government up to the time of termination.
C. Upon completion of the Project, the State will perform an audit of the Project costs. Any
funds due to the Local Government, the State, or the Federal Government will be promptly
paid by the owing party.
12. Notices
All notices to either party by the other required under this agreement shall be delivered
personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic
notice being permitted to the extent permitted by law but only after a separate written consent of
the parties), addressed to such party at the following addresses:
Local Government:
Director of Public Works
Town of Westlake
1301 Solana Blvd, Bldg. 4 Suite 4202
Westlake, Texas 76262
State:
Director of Contract Services
Texas Department of Transportation
125 E. 11th Street
Austin, Texas 78701
All notices shall be deemed given on the date so delivered or so deposited in the mail, unless
otherwise provided in this agreement. Either party may change the above address by sending
written notice of the change to the other party. Either party may request in writing that such
notices shall be delivered personally or by certified U.S. mail and such request shall be honored
and carried out by the other party.
13.Sole Agreement
In the event the terms of the agreement are in conflict with the provisions of any other existing
agreements between the Local Government and the State, the latest agreement shall take
precedence over the other agreements in matters related to the Project.
14.Successors and Assigns
The State and the Local Government each binds itself, its successors, executors, assigns, and
administrators to the other party to this agreement and to the successors, executors, assigns,
and administrators of such other party in respect to all covenants of this agreement.
15.Amendments
By mutual written consent of the parties, this agreement may be amended prior to its expiration.
CSJ # 0902 – 00 – 142
District # 02 – Fort Worth
Code Chart 64 # 45150
Project: Traffic Signal at FM-1938/
Dove
AFA-AFA_VolTIP Page 5 of 6 Revised 04/29/2016
16.State Auditor
The state auditor may conduct an audit or investigation of any entity receiving funds from the
State directly under the contract or indirectly through a subcontract under the contract.
Acceptance of funds directly under the contract or indirectly through a subcontract under this
contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds.
An entity that is the subject of an audit or investigation must provide the state auditor with access
to any information the state auditor considers relevant to the investigation or audit.
17.Insurance
If this agreement authorizes the Local Government or its contractor to perform any work on State
right of way, before beginning work the entity performing the work shall provide the State with a
fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of
coverage in the amounts and types specified on the Certificate of Insurance for all persons and
entities working on State right of way. This coverage shall be maintained until all work on the
State right of way is complete. If coverage is not maintained, all work on State right of way shall
cease immediately and the State may recover damages and all costs of completing the work.
18.Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on
behalf of the entity represented.
CSJ # 0902 – 00 – 142
District # 02 – Fort Worth
Code Chart 64 # 45150
Project: Traffic Signal at FM-1938/
Dove
AFA-AFA_VolTIP Page 6 of 6 Revised 04/29/2016
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
THE LOCAL GOVERNMENT
_________________________________
Signature
_________________________________
Thomas E. Brymer
________________________________
Title
_________________________________
Date
THE STATE OF TEXAS
_________________________________
Brian R. Barth
District Engineer
Fort Worth District
_________________________________
Date
CSJ # 0902 – 00 – 142
District # 02 – Fort Worth
Code Chart 64 # 45150
Project: Traffic Signal at FM-1938/
Dove
AFA-AFA_VolTIP Page 1 of 1 Attachment A
ATTACHMENT A
PAYMENT PROVISION AND WORK RESPONSIBILITIES
The State will install a traffic signal at the intersection of FM-1938 and Dove in Westlake.
This will include Mast Arms, Signal Poles, Pedestrian Poles, Radar Detection System,
Signal Controller, Pedestrian Signals, Electrical Service, Signs, Crosswalks and Pavement
Markings
The Local Government is 100% responsible for $170,500.00 and for any cost overruns.
Description Total Estimated
Cost
State Participation Local Participation
% Cost % Cost
Construction (by State) $170,500.00 0% $0 100% $170,500.00
Subtotal $170,500.00 0% $0 100% $170,500.00
Construction Direct State
Costs $26,632.00 100% $26,632.00 0% $0
Indirect State Costs $10,878.00 100% $10,878.00 0% $0
TOTAL $208,510.00 $37,510 $170,500.00
Total payment by the Local Government to the State: $170,500.00
This is an estimate. The total amount of Local Government participation will be based on actual
costs.
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Monday, June 13, 2016
TOPIC: Consider a Resolution authorizing payment to JEA HydroTech
Engineering, Inc. in the amount of $73,500.00 for engineering design of
drainage improvements on Dove Road.
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: June 13, 2016 Completion Date: June 13, 2016
Funding Amount: Status - Funded Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
The current adopted CIP includes a street reconstruction project of Dove Road, from FM
1938 to Terra Bella. This project will provide approximately 6,500 LF stabilization of road
subgrade and 6” of asphalt and installation of additional drainage structures at the Kirkwood
Branch Creek (near Terra Bella).
In an effort to minimize road closures, staff originally worked with the Southlake
Meadows Developer, Centurion American, to utilize the developer’s engineer and contractor to
complete the drainage culvert installation. The intent was to complete this work at the same time
as the Sam School Road/Dove Road traffic circle and storm drainage project through an
economic developer agreement with the Westlake Meadows development. Unfortunately, the
Page 2 of 2
de-annexation of the Westlake Meadows tract and the construction delays with the Southlake
project prevented us from realizing any benefit coordinating construction work. However, the
engineering work was completed by the Developer’s engineer, and provided to the Town. The
proposed resolution provides payment for the engineering design of the drainage culverts.
The current CIP schedule shows the drainage work to be completed this current fiscal
year and the road reconstruction portion to be completed next fiscal year. Due to the
circumstances mentioned previously, staff will restructure the CIP to move the drainage work to
be completed next fiscal year with the road reconstruction project.
RECOMMENDATION
Staff recommends approving the resolution for payment of engineering design.
ATTACHMENTS:
Resolution
Exhibit A - HydroTech Engineering, Inc. invoice
Resolution 16-23
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 16-23
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AUTHORIZING PAYMENT TO JEA HYDROTECH ENGINEERING, INC., IN
THE AMOUNT OF $73,500 FOR ENGINEERING DESIGN OF DRAINAGE
IMPROVEMENTS ON DOVE ROAD.
WHEREAS, Westlake desires to provide residents and commuters with safe streets
adequate drainage; and
WHEREAS, the Town Council finds that the proposed payment for engineering services
provides sound infrastructure planning consistent with goals and objectives within the adopted
Capital Improvement Plan; 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 hereby approves payment of $73,500.00 HydroTech
Engineering, Inc. invoice for engineering design of drainage improvements on Dove Road,
attached as Exhibit “A”.
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION 4: That this resolution shall become effective from and after its date of
passage.
Resolution 16-23
Page 2 of 2
PASSED AND APPROVED ON THIS 13TH DAY OF JUNE 2016.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Late fees may apply if payment is not made promptly
INVOICE
BILL TO
Town of Westlake
Attn: Mr. Jarrod Greenwood,
Dir. of Public Works
1301 Solana Blvd.
Westlake, TX 76262
INVOICE #16-04-116
DATE 04/30/2016
DUE DATE 05/30/2016
TERMS Net 30
PROJECT NO.DESCRIPTION LOCATION
227012 Dove Rd Culverts Westlake
ACTIVITY AMOUNT
BASIC ENGINEERING SERVICES
Site Reference: Higgins Branch Crossing at Dove Rd., Town of Westlake, Texas
Progress Billing - 95% Complete (95% x $73,500) .. Overall Project Description:Hydrologic and hydraulic analyses and preparation plan design documents for the
mentioned Culvert and Roadway Improvements.
I. Research and Data Collection A. Engineering Field Survey: Perform Design Topographic Survey and establish vertical
and horizontal controls;
B. Coordinate with Texas811 (Digtess) and tie marked underground utilities; C. Research and review Available Documents: Review available plan documents (as-built
plans) and reports including Drainage Master Plan; Deeds / Plats .. etc. and
II. Prepare Hydraulic Model A. FEMA Hydraulic Model: Obtain currently effective model printouts; key input and
duplicate FEMA HEC-2 model results and convert to HEC-RAS
B. Identify 100-year flows to be used for analyses and design; C. Perform Numerical Backwater Analysis to determine Hydrological and Hydraulic
characteristics to determine: culvert sizing alternatives for current and future projects; as
well as structural design parameters; and coordinate with Town and Review Engineer.III. Prepare Plan Design Documents
Prepare plan documents and specifications for the placement of new direct traffic, “Box
Culverts,” includes: A. Roadway Resurfacing Plan/Profile;
B. Demolition Plan;
C. Grading Plan; D. Erosion Control Plan;
E. Traffic Control Plan; and,
F. Structural analyses, details and aesthetic considerations; and G. Provide utilities relocation details
IV. Administrative Assistance
Assist Client in evaluating Construction Bids (Bid Tabulation) and in selecting Contractor.
69,825.00
BALANCE DUE $69,825.00
Page 1 of 3
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, June 13, 2016
TOPIC: Consider a Resolution Amending an existing agreement for water service with the
City of Fort Worth, Texas, relating to construction of the Northside II 48-inch
water main and allocated capacity of wholesale purchase of treated water.
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
People, Facilities, &
Technology
High Quality Planning, Design &
Development - We are a desirable
well planned, high-quality
community that is distinguished by
exemplary design standards.
Improve Technology,
Facilities &
Equipment
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: June 13, 2016 Completion Date: June 13, 2016
Funding Amount: $358,207 Status - Funded Source - Utility Fund
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
The proposed amendment to the Fort Worth wholesale water contract, approved by Council at
the August 30, 2010 regular meeting, is for the engineering design of Phase 2 improvements to
provide Westlake with additional capacity needs for our ultimate build out.
As you may recall, during FY 14/15 budget workshop meetings, Town staff provided Council
with information regarding Westlake’s proportionate costs to participate in proposed Fort Worth
water system improvements. At the November 17, 2014 regular meeting, Council approved an
amendment to the contract with our wholesale water provider, City of Fort Worth, for Westlake’s
proportionate cost for the installation of a new 48” water line, the first phase of a two-phase
Page 2 of 3
project that would provide Westlake additional capacity of water for our consumption needs at
ultimate build out. The City of Fort Worth is expected to complete construction of Phase 1 of
water distribution and storage infrastructure necessary to deliver the requested water volumes to
all wholesale customers by late August 2016.
The Town’s proportionate participation cost of Phase 1, $3,098,756.97, was calculated by
dividing Westlake’s capacity increase by the Phase 1 total project capacity. Fort Worth intended
to request payment from all participating wholesale customer cities upon completion of the
project. However, in order to reduce the impact to the Town’s annual budget, staff has worked
with Fort Worth to make 3 payments in separate years. Our first payment of $1,050,000 was
made in FY 14/15. A second payment of $1,024,378.49 will be made in FY 15/16, with a final
payment of $1,024,378.49 to be made in FY 16/17. This 3-year payment approach was included
in the FY 14/15 and FY 15/16 adopted budgets and in the 2016 water rates adopted by Council at
the December 14, 2015 Council meeting.
At the December 15, 2014 regular meeting, Council approved an interlocal agreement with
Trophy Club MUD to participate in the route feasibility study for Phase 2 conducted by the City
of Fort Worth to consider the required water main size and three route options. The feasibility
study identified the preferred route for Phase 2 will consist of the installation of a 30” water line
extending from Fort Worth’s water main at the SH 170 and Beach intersection east to HWY 377,
then north to the Westlake pump station. Phase two construction is expected to begin late spring
or early summer 2017. Staff has included phase two construction costs in the FY 2016 – 2020
CIP during the FY 2016 budget process for Council consideration.
The proposed wholesale contract amendment for consideration is for engineering design only
and will cost $358,207. This cost was not included in the adopted budget and will require an
amendment for this work.
Westlake’s total participation for Phase 2 construction and engineering is expected to be
$3,910,842. The City of Fort Worth originally requested Westlake and Trophy Club MUD to
prepay for this project. Unfortunately, the Utility Fund Working Capital would be depleted if
Westlake were to make the prepayment. This cost was not included in the adopted budget,
however, staff is currently working with Fort Worth and Trophy Club MUD staff to seek
alternative funding options, which may include the City of Fort Worth securing a low interest
loan through the Texas Water Development Board State Revolving Fund, which would allow
Westlake to make payments to the City of Fort Worth over a period of (approximately) 20 years.
In an effort to provide Council and staff with information to make a strategic decision of whether
or not to participate in the construction of Phase 2, staff retained Halff Associates to conduct a
feasibility analysis (attached) to examine Westlake’s options and the costs associated with each
one. The report recommended participating in the Fort Worth water line project from the
identified options below:
1. Participate in the Fort Worth water line project at a cost of $3,910,842.
2. Construct a 30” water line in 2026 without any intergovernmental cooperation at a cost of
$11,275,000 (FTV $).
Page 3 of 3
3. Construct a 16” water line in 2026 without any intergovernmental cooperation at a cost of
$7,425,000 (FTV $).
RECOMMENDATION
Staff recommends approval of the Fort Worth wholesale contract amendment.
ATTACHMENTS
Resolution with Attachment A - Proposed wholesale contract amendment
Halff Associates Water Supply Feasibility Report
Resolution 16-24
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 16-24
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AMNEDING THE WHOLESALE WATER CONTRACT WITH THE CITY OF
FORT WORTH AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE
AGREEMENT ON BEHALF OF THE TOWN OF WESTLAKE, TEXAS.
WHEREAS, the Town of Westlake is wholesale water customer of the City of Fort
Worth; and
WHEREAS, the Town of Westlake and Trophy Club MUD previously entered into an
interlocal agreement to fund a water supply feasibility and route coordinated through the City of
Fort Worth; and
WHEREAS, the Town of Westlake and Trophy Club Municipal Utility District
recognize that there is a need for additional water capacity in the northeast sector of the Fort
Worth wholesale area including Westlake and Trophy Club Municipal Utility District; and
WHEREAS, the Town of Westlake desires to foster and promote region cooperative
efforts; and
WHEREAS, the provision of water service throughout the Town of Westlake is of vital
importance to the health, safety, and welfare of the citizens of Westlake; and
WHEREAS, Westlake desires to secure and maintain an adequate potable water source
for the health, safety, and welfare of the citizens of Westlake; and
WHEREAS, the Town Council find that the proposed cooperative engineering design for
the Northside II water line provides sound infrastructure planning consistent with goals and
objectives within the adopted strategic plan; and
WHEREAS, the Town Council finds that the funding for the engineering design for the
Northside II water line is necessary and provides sound infrastructure planning consistent with
goals and objectives within the adopted strategic plan; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
Resolution 16-24
Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: All matters stated in the Recitals above are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
SECTION 2: The Town Council of the Town of Westlake hereby approves the
amendment to the Fort Worth wholesale contract providing for participation in engineering
design of the Northside II water line project, attached as Exhibit “A”, and further authorizes the
Town Manager to execute the agreement on behalf of the Town of Westlake, Texas.
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 13th DAY OF JUNE, 2016.
_____________________________
ATTEST: Laura Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Page 1 of 4
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT
AMENDMENT NO.1 TO THE AGREEMENT FOR WATER SERVICE
BETWEEN THE CITY OF FORT WORTH AND TOWN OF WESTLAKE FOR
THE CONSTRUCTION OF A NORTHSIDE II 30-INCH WATER MAIN AND
ALLOCATED CAPACITY
This Amendment No. 1 (Amendment) is made and entered into by and between
the Town of Westlake, acting herein by and through its Town Manager, Thomas E.
Brymer, hereinafter referred to as CUSTOMER and the City of Fort Worth, acting herein
by and through its Assistant City Manager, Jesus J. Chapa, hereinafter referred to as
FORT WORTH, all of Tarrant County, State of Texas, (collectively the “PARTIES”).
WHEREAS, FORT WORTH and CUSTOMER have entered in an Agreement for Water
Service known as Fort Worth City Secretary Contract No. 41112 (“CONTRACT”); and
WHEREAS, the PARTIES recognize that there is a need for additional water capacity in
the northeast sector of Fort Worth and in Westlake then originally provided for in the
CONTRACT; and
WHEREAS, to address this need for additional capacity, FORT WORTH is constructing
a 30-inch water main along SH 170 from N. Beach Street to 13590 Denton Hwy
(Westlake’s Wholesale Metering Station), approximately 14,590 linear feet as shown in
EXHIBIT A; and
WHEREAS, CUSTOMER has requested capacity in the 30-inch water main which will
increase its total projected water demand; and
WHEREAS, Section 3.3 of the CONTRACT states that the CUSTOMER shall pay for
each new or enlarged or additional connection to the FORT WORTH system, including
the cost of the wholesale meter and the CUSTOMER’s proportionate share of the
improvements required for that service; and
WHEREAS, CUSTOMER recognizes that the Trophy Club Municipal Utility District
No. 1 has also requested capacity in the Northside II 30-inch water main;
WHEREAS, the PARTIES agree that the CUSTOMER’s cost and participation for the
Northside II 30-inch water main shall be as stated in this AMENDMENT.
Page 2 of 4
NOW THEREFORE, the PARTIES agree to amend the CONTRACT as follows:
1.) FORT WORTH shall be responsible for the preparation of plans and
specifications, together with any modifications required during
construction, and contract documents for the construction of the Northside
II 30-inch water main, shown on Exhibit A.
2.) The total demand needed by the CUSTOMER is 16 MGD at the meter
located at Highway 377 as stated in the City Secretary Contract No.
41112-A1. Customer is requesting 10 MGD of the total 16 MGD to be
from the Northside II 30-inch water main. The additional 6 MGD needed
in the future will be addressed by another future water main in a separate
contract. CUSTOMER currently has 4.2 MGD capacity from the existing
water main network that is serving the existing wholesale meter located at
Highway 377. CUSTOMER requests an additional 5.8 MGD from the
Northside II 30-inch water main at this time. The additional 5.8 MGD
equals to 37.54 percent of the total 15.45 MGD capacity of the Northside
II 30-inch water main. Trophy Club Municipal District No. 1 is cost
participating 6.6 MGD capacity and FORT WORTH is cost participating
3.05 MGD capacity of this Northside II 30-inch water main.
3.) The estimated total engineering, survey and appraisal cost of the Northside
II 30-inch water main is estimated to be $954,200. CUSTOMER agrees
that its proportionate share of this cost is 37.54 percent, estimated to be
$358,207.
4.) The Actual Project costs shall include the costs for engineering, project
management, easements and right-of-way acquisition, and appraisal fees
necessary for the Northside II30-inch water main.
5.) CUSTOMER agrees that the Actual Project costs shall be shared by
CUSTOMER, Town of Westlake, and FORT WORTH proportionately.
CUSTOMER agrees that the Actual Project cost may differ from the
projection stated in subsection 3 and CUSTOMER shall pay FORT
WORTH its proportionate share of 37.54 percent of the Actual Project
cost.
6.) Payments for CUSTOMER’s share of the Actual Project Costs shall be
due prior to the award of the Northside II 30-inch water main design
contract. A payment is late if not paid within 30 days after the full
execution of this agreement. Late payments shall accrue interest at the rate
of one and one-half percent (1-1/2%) per month until paid.
Page 3 of 4
This AMENDMENT shall become effective upon full and complete execution: EXECUTED this ___day of ______________________, 2016.
CITY OF FORT WORTH TOWN OF WESTLAKE
_______________________________ _______________________________
JESUS J. CHAPA THOMAS BRYMER
ASSISTANT CITY MANAGER TOWN MANAGER
DATE: ________________________ DATE: ________________________
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
LEGALITY LEGALITY
_______________________________ _______________________________
CHRISTA LOPEZ-REYNOLDS STAN LOWRY
SR. ASSISTANT CITY ATTORNEY TOWN ATTORNEY
ATTEST ATTEST
________________________________ _______________________________
MARY KAYSER KELLY EDWARDS
CITY SECRETARY TOWN SECRETARY
Page 4 of 4
EXHIBIT “A” –
30-inch water main along SH170 from N. Beach Street to 13590 Denton Hwy
(Westlake’s Wholesale Metering Station)
EXHIBIT “A” –
30-inch water main along SH170 from N. Beach Street to 13590 Denton Hwy (Westlake’s Wholesale Metering Station)
CLIENT:The Town of Westlake CE 16 AND 30
PROJECT:Water Supply Feasibility Study DATE:5/17/2016
SIZE: 16-inch and 30-inch KLF
Unit
Item No.Description Unit Cost Quantity Total
Construction Costs
1 16" Water Line (Developed Areas)LF $170.00 2,375 $403,750
2 30" Water Line (Developed Areas)LF $300.00 11,500 $3,450,000
3 48" Casing (By Other Than Open Cut)LF $960.00 300 $288,000
4 30" Carrier Pipe LF $300.00 300 $90,000
5 Full Panel Concrete Pavement Repair SY $100.00 56 $5,556
6 Surface Milling and 2" HMAC Overlay (Full Road Width)SY $40.00 26,678 $1,067,111
7 Base Repair (Scarify, Salvage, Replace) - 25% of Overlay Area SY $30.00 6,669 $200,083
8 16" Gate Valve and Vault EA $35,000.00 2 $70,000
9 30" Gate Valve and Vault EA $65,000.00 6 $390,000
10 3" Air Release Valve EA $24,000.00 4 $96,000
11 8" Blowoff Valve EA $25,000.00 4 $100,000
12 Water Tie-in EA $50,000.00 10 $500,000
13 Cathodic Protection LS $40,000.00 1 $40,000
14 Utility Markers LS $15,000.00 1 $15,000
15 Trench Safety LF $2.00 13,875 $27,750
16 SWPPP LS $20,000.00 1 $20,000
17 Traffic Control LS $30,000.00 1 $30,000
Subtotal Construction $6,793,250
Land Use Costs
1 30' Permanent Easements SF $3.00 159,000 $477,000
2 20' Construction Easements SF $1.50 171,500 $257,250
Subtotal Land Use $734,250
Subtotal Construction $6,793,250
Contingency (20% )$1,358,650
Construction Total $8,151,900
Engineering & Survey (12%)$978,228
Subtotal Land Use $734,250
Project Total $9,864,378
Rounded Project Total $9,864,000
This statement was prepared utilizing standard cost estimate practices. It is understood and agreed that this
is an estimate only, and that Engineer shall not be liable to Owner or to a third party for any failure to accurately
estimate the cost of the project, or any part thereof.
ESTIMATE OF PROBABLE COST
PREPARED BY:
FILE NAME:
HALFF ASSOCIATES, Inc.
4000 Fossil Creek Boulevard
Fort Worth, Texas 76137
(817) 847-1422
WESTLAKE ALTERNATIVE 30-INCH WATER LINE B1
CLIENT:The Town of Westlake CE 16
PROJECT:Water Supply Feasibility Study DATE:5/17/2016
SIZE: 16-inch KLF
Unit
Item No.Description Unit Cost Quantity Total
Construction Costs
1 16" Water Line (Developed Areas)LF $170.00 13,875 $2,358,750
2 42" Casing (By Other Than Open Cut)LF $840.00 300 $252,000
3 16" Carrier Pipe LF $240.00 300 $72,000
4 Full Panel Concrete Pavement Repair SY $100.00 356 $35,556
5 Landscape Repair SY $10.00 28,583 $285,833
6 16" Gate Valve and Vault EA $35,000.00 8 $280,000
7 3" Air Release Valve EA $24,000.00 4 $96,000
8 8" Blowoff Valve EA $25,000.00 4 $100,000
9 Water Tie-in EA $50,000.00 2 $100,000
10 Cathodic Protection LS $40,000.00 1 $40,000
11 Utility Markers LS $15,000.00 1 $15,000
12 Trench Safety LF $2.00 13,875 $27,750
13 SWPPP LS $20,000.00 1 $20,000
14 Traffic Control LS $30,000.00 1 $30,000
Subtotal Construction $3,712,889
Land Use Costs
1 30' Permanent Easements SF $3.00 416,300 $1,248,900
2 20' Construction Easements SF $1.50 171,500 $257,250
Subtotal Land Use $1,506,150
Subtotal Construction $3,712,889
Contingency (20% )$742,578
Construction Total $4,455,467
Engineering & Survey (12%)$534,656
Subtotal Land Use $1,506,150
Project Total $6,496,273
Rounded Project Total $6,496,000
This statement was prepared utilizing standard cost estimate practices. It is understood and agreed that this
is an estimate only, and that Engineer shall not be liable to Owner or to a third party for any failure to accurately
estimate the cost of the project, or any part thereof.
ESTIMATE OF PROBABLE COST
PREPARED BY:
FILE NAME:
HALFF ASSOCIATES, Inc.
4000 Fossil Creek Boulevard
Fort Worth, Texas 76137
(817) 847-1422
WESTLAKE ALTERNATIVE 16-INCH WATER LINE B2
300'2,375'6,200'
WESTPORT PKWY
STORAGE
WESTLAKE
HW Y 170
ALTA VISTA DRN CAYLOR RDKELLER HASLET RD
MT GILEAD DR
W CAYLOR RD
ROAD STORAGE
CAYLOR 5MGR D ATSIV KRAPHWY 377DVLB DNALREBMIT
3
0"30"16"16"
30"16" 16" WESTLAKE
16" & 30" WESTLAKE
30" NORTHSIDE II
LEGEND5,300'TBPE FIRM #F-312
FAX (817) 232-9784
TEL (817) 847-1422
FORT WORTH, TEXAS 76137-2797
4000 FOSSIL CREEK BLVDEXHIBIT AWESTLAKE WATER LINE FEASIBILITY STUDY MAY 2016
200050010000
SCALE: 1" = 2000'
N
Sheet File Name:Exhibit-Westlake-WL-Study.dgn
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, June 13, 2016
TOPIC: Consider a resolution to enter into an Interlocal Agreement with the City of
Southlake amending 1996 and 1999 Agreements regarding the N-1 Sanitary
Sewer Line.
STAFF CONTACT: Jarrod Greenwood, Public Works Director/Assistant to the Town Manager
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Fiscal Responsibility Fiscal Stewardship
Exemplary Service & Governance
- We set the standard by delivering
unparalleled municipal and
educational services at the lowest
cost.
Maximize Efficiencies
& Effectiveness
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: June 13, 2016 Completion Date: June 13, 2016
Funding Amount: N/A Status - Funded Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
The proposed ILA with the City of Southlake will provide: relief from a provision in the 1999
ILA that allows Southlake to charge Westlake 2 times the rate charged by TRA; provides
Westlake’s consent to a Southlake connection and pass-through to our sanitary sewer system.
The original ILA in 1995 did not have any anticipated development that would have driven the
ILA.
The Glenwyck subdivision was developed in 1999 and triggered two ILAs that provided for:
• Westlake intention to become a participating TRA member
Page 2 of 2
• Permitted Westlake to connect Glenwyck waterline to Southlake
Southlake would bill Westlake for water “in accordance with Southlake’s
prevailing rates and practices…”.
• Permitted Westlake to connect Glenwyck sewer line to Southlake
Southlake would bill Westlake for sewer “in accordance with Southlake’s
prevailing rates and practices…”.
For the 1st two years Westlake would pay Southlake 1.5 times the TRA
rate. After two years, Westlake would pay Southlake 2 time the TRA rate
In May 2015 Westlake and Southlake staff signed an MOU as an interim measure to allow
Southlake developer to connect to Westlake sewer system in Terra Bella while we worked on the
proposed ILA and meter stations. The MOU included the following assurances from staff:
o The Town of Westlake and Centurion American will construct, or cause to be
constructed, a sanitary sewer meter station on the N-1 sewer line (as identified on
the attached map) as a part of the Entrada development. The cost and
responsibility for construction will be included in the Westlake Entrada
development agreement.
o The Town of Westlake and the City of Southlake would build a meter station on
the N-1 sewer line near Dove Road and share in the cost of design and
construction.
o The Interlocal Agreement, sewer connections and meter stations will be
completed by the end of the calendar year.
o Centurion American will construct a meter on the sewer main transporting waste
water from the Southlake Meadows subdivision as originally planned. The cost
and responsibility for construction will be included in the amended Southlake
Meadows development agreement.
The proposed the 2nd meter station above, on Dove Road, will now be solely a Southlake project
and not the responsibility of Westlake.
In addition to the proposed ILA, the City of Southlake has requested payment for past due
invoices that include the 2X the TRA rate ($6.81 x 2 = $13.61) totaling approximately $500,000.
However, staff has worked with Southlake to reduce the amount due to the TRA rate plus 10% as
included in the proposed ILA, $280,000 which will require a future amendment to the adopted
Utility Fund budget.
RECOMMENDATION
Staff recommends approval of the Westlake-Southlake ILA.
ATTACHMENTS
Resolution with Attachment A - Proposed ILA with Southlake
Resolution 16-25
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 16-25
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN
INTERLOCAL AGREEMENT WITH THE CITY OF SOUTHLAKE AMENDING 1996
AND 1999 AGREEMENTS REGARDING THE N-1 SANITARY SEWER LINE.
WHEREAS, the owns 48.5 % of the flow capacity in the N-1 sewer line; and
WHEREAS, the Town of Westlake and City of Southlake have been working with the
Trinity River Authority to assume the N-1 sewer line; and
WHEREAS, Westlake desires to work with the City of Southlake to transfer ownership
of the N-1 sewer line to the Trinity River Authority; and
WHEREAS, the Town Council finds that the Interlocal Agreement is a necessary step
toward transferring the N-1 to TRA; and
WHEREAS, until such time the transfer to TRA is completed, the Interlocal Agreement
with Southlake provides relief of unnecessary administrative charges; and
WHEREAS, the Town Council finds that the Interlocal Agreement provides sound
infrastructure maintenance and planning; and
WHEREAS, the Town Council finds that the Interlocal Agreement with the City of
Southlake is in the best interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety
SECTION 2: That the Town of Westlake Town Council does hereby authorize the
Town Manager to enter into the interlocal agreement, attached as Exhibit “A”.
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 16-25
Page 2 of 2
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 13th DAY OF JUNE 2016.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Page 1 of 14
Town of Westlake Res 16-25
INTERLOCAL AGREEMENT FOR THE PROVISIONS OF
SANITARY SEWER SERVICES CONNECTED TO THE
N-1 SANITARY SEWER COLLECTOR MAIN
IN THE TOWN OF WESTLAKE
STATE OF TEXAS §
§
COUNTY OF TARRANT §
THIS AGREEMENT is made and entered into by and between the Town of
Westlake, Texas, a Type A general law municipal corporation, located in Tarrant
County, Texas (hereinafter referred to as "Westlake") and the City of Southlake, Texas,
a home rule municipal corporation, located in Tarrant County, Texas (hereinafter
referred to as "Southlake'').
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas
Government Code, authorizes city governments in the State of Texas to contract with
one another for the provision of various governmental functions and the delivery of
various governmental services, including those in the area of public health, sanitation,
and utility services; and
WHEREAS, Westlake and Southlake desire to provide sanitary sewer service to
the citizens of the respective municipalities by not duplicating services; and
WHEREAS, pursuant to a prior interlocal agreement dated August 29, 1995 (the
“1995 Agreement”), Westlake and Southlake currently share capacity in a portion of
Southlake’s sanitary sewer collector main, commonly referred to as “N-1 collector main”
and is located within the N-1 drainage basin (the “N-1 collector main”) depicted on
Exhibit “A” attached hereto; and
Page 2 of 14
Town of Westlake Res 16-25
WHEREAS, pursuant to another interlocal agreement between the municipalities
dated August 6, 1999 (the “1999 Agreement”), after two years from the date Glenwyck
Farms tapped the N-1 collector main Westlake agreed to pay Southlake twice the rates
Southlake is required to pay the Trinity River Authority (“TRA”) for wastewater
treatment in the Denton Creek System; and
WHEREAS, Southlake pays for the cost for treatment of all the wastewater
transported through the N-1 collector main; and
WHEREAS, Westlake has constructed sanitary sewer facilities to serve the
Glenwyck Farms, Vaquero, Granada, and Terra Bella subdivisions located in the town
limits of Westlake and within the N-1 drainage basin; and
WHEREAS, wastewater flows from the Glenwyck Farms, Vaquero and Granada
subdivisions are measured by an area wastewater meter; and
WHEREAS, wastewater flows from the Carlyle and Terra Bella subdivisions are
not measured by area wastewater meters prior to the points of connection to the N-1
collector main; and
WHEREAS, Westlake has agreed that a portion of the waste water flow from the
Southlake Meadows addition in Southlake may flow through the Terra Bella subdivision
sewer collection system prior to entering the N-1 collector main; and
WHEREAS, Westlake and Southlake mutually desire to be subject to the
provisions of the lnterlocal Cooperation Act and other applicable statutes and contract
pursuant thereto.
NOW, THEREFORE, for the mutual consideration herein stated, Westlake and
Southlake agree as follows:
Page 3 of 14
Town of Westlake Res 16-25
1
Wastewater
Southlake agrees to receive and discharge normal domestic wastewater from
properties within Westlake, specifically, the normal domestic wastewater from the
portion of the N-1 drainage basin located within Westlake. For purposes of this
Agreement, "normal domestic wastewater" shall mean wastewater excluding industrial
wastewater and any commercial wastewater which would require pretreatment by TRA
unless that wastewater is adequately pretreated to meet TRA's requirements.
Westlake agrees to take all reasonable and necessary steps to prevent industrial
wastewater and commercial wastewater which would require pretreatment by TRA
from entering Southlake’s wastewater system, including the passage of any necessary
regulatory measures to prohibit such discharge, or to adequately pretreat such
wastewater to meet TRA's requirements prior to its entry into Southlake’s wastewater
system.
Westlake agrees to receive and discharge normal domestic wastewater from
properties within Southlake, specifically, the normal domestic wastewater from the
portion of the southlake Meadows subdivision located within Southlake. For purposes
of this Agreement, "normal domestic wastewater" shall mean wastewater excluding
industrial wastewater and any commercial wastewater which would require
pretreatment by TRA unless that wastewater is adequately pretreated to meet TRA's
requirements. Southlake agrees to take all reasonable and necessary steps to
prevent industrial wastewater and commercial wastewater which would require
pretreatment by TRA from entering Westlake’s wastewater system, including the
passage of any necessary regulatory measures to prohibit such discharge, or to
Page 4 of 14
Town of Westlake Res 16-25
adequately pretreat such wastewater to meet TRA's requirements prior to its entry into
Westlake’s wastewater system.
2
Billing
The 1995 Agreement and the 1999 Agreement between Westlake and Southlake
for billing Westlake metered and estimated wastewater flows through the N-1collector
main are hereby amended as follows:
Until such time Trinity River Authority assumes billing responsibilities, Southlake
shall read, or cause to be read, all current and proposed area meters identified on
Exhibit “B” to calculate a sewer volume for billing Westlake.
For any Westlake sanitary sewer connection to the N-1 collector main that is not
metered by an area sanitary sewer meter (unmetered), Westlake shall provide
Southlake a copy of the Westlake utility bill for each unmetered utility customer no later
than 10 days following that date that Westlake bills are mailed to Westlake customers.
Southlake will in turn bill Westlake on a monthly basis for sewer treatment of the
aggregate average sewer volume as determined by the Winter Quarter Average
(December, January, and February) for each sanitary sewer connection that is not
metered by an area sanitary sewer meter.
Southlake will invoice Westlake for wastewater treatment as described above.
Payment shall be due to Southlake no later than 30 days of the invoice date.
Page 5 of 14
Town of Westlake Res 16-25
3
Rates and Bills
The rates charged for all Westlake sanitary sewer volume discharged into the N-1
collector main, metered or unmetered, shall be equal to the most current rates adopted
by TRA for wastewater treatment in the Denton Creek System plus 10% administrative.
This section shall apply to all properties in Westlake that are served by the N-1 collector
main either measured by an area sanitary sewer meter or estimated as identified above.
Whenever there is a change in the rate TRA charges for sewer treatment
Southlake shall: 1) notify Westlake of the change; and modify Southlake’s billing to
reflect the pass-through rate charged to Westlake.
4
Other Service Area
The municipalities agree that no service areas or individual sanitary sewer
services from properties that are outside the N-1 drainage basin shall be allowed to be
connected to the N-1 collection main without the written consent of both municipalities.
Therefore, neither Westlake nor Southlake may add areas or customers outside of the
N-1 drainage basin as shown on Exhibit “A” and as recorded on Southlake’s Sewer
System Master Plan.
5
Applicable Law
This Agreement and any of its terms and provisions, as well as the rights and
duties of the parties hereto shall be governed by the laws of the State of Texas. This
Agreement is fully performable in Tarrant County, Texas, and in the event that any
Page 6 of 14
Town of Westlake Res 16-25
cause of action is filed by either party arising out of the terms of this Agreement, the
exclusive venue for said lawsuit shall be in Tarrant County, Texas.
6
Severability
In the event that any portion of this Agreement shall be found to be contrary to
law, it is the intent of the parties hereto that the remaining portions shall remain valid
and in full force and effect to the extent possible.
7
Authority
Each party certifies that the undersigned officers and/or agents of the parties
hereto are the properly authorized officials and have the necessary authority to execute
this Agreement on behalf of the parties hereto, and each party hereby certifies to the
other that any necessary resolutions or orders extending said authority have been duly
passed and are now in full force and effect.
8
Term and Termination of Agreement
This Agreement shall continue so long as wastewater flow from any subdivision
in the town limits of Westlake flows into the Southlake sanitary sewer system; provided,
however, that this Agreement may be terminated by either party, with or without cause,
one hundred eighty (180) days after written notice of termination is delivered by the
party desiring to terminate the Agreement to the other party at the address provided
herein.
Page 7 of 14
Town of Westlake Res 16-25
9
No joint enterprise
No provision of this Agreement shall be construed to create any type of joint
ownership of any property, to create a partnership, joint venture or other agreement of
any kind, or to create any right of partial control, ownership of or equity in the other
municipalities’ facilities described herein. Furthermore, the parties hereto acknowledge
and agree that the doctrine of respondeat superior shall not apply between the
municipalities.
10
Notice
Any notice, communication or request provided or permitted to be given by either
party to the other party must be in writing and addressed as follows:
If to Southlake:
City of Southlake
Attn: City Manager
1400 Main Street, Suite 460
Southlake, Texas 76092
Telephone: (817) 748-8400
Facsimile: (817) 748-8010
and to:
City of Southlake
Attn: Director of Public Works
1400 Main Street, Suite 320
Southlake, Texas 76092
Telephone: (817) 748-8400
Facsimile: (817) 748-8077
If to Westlake:
Town of Westlake
Attn: Town Manager
1301 Solana Blvd., Building 4, Suite 4202
Page 8 of 14
Town of Westlake Res 16-25
Westlake, Texas 76262
Telephone: (817) 430-0941
Facsimile: (817) 430-1812
and to:
Town of Westlake
Attn: Director of Public Works
1301 Solana Blvd., Building 4, Suite 4202
Westlake, Texas 76262
Telephone: (817) 430-0941
Facsimile: (817) 430-1812
or to such other addresses as may be provided for in writing from time to time.
11
Other agreements unaffected
This Agreement shall govern the provision of all Town of Westlake wastewater
discharged into the N-1 sewer line. All other interlocal agreements between Westlake
and Southlake not changed in whole or in part by this agreement shall continue in effect.
12
No waiver of immunity or defenses
This Agreement is made pursuant to Chapter 791 of the Texas Government
Code. It is expressly understood and agreed that in the execution of this Agreement,
neither municipality waives nor shall be deemed hereby to waive any immunity or
defense that would otherwise be available to it against claims arising in the exercise of
governmental powers and functions, or any damage limitation or other protection
provided to municipalities under any applicable law. This section shall be liberally
construed to carry out the intent of each municipality’s governing body, and the
municipalities do hereby invoke said governmental immunity to the extent possible
under the law.
Page 9 of 14
Town of Westlake Res 16-25
13
No third party beneficiaries
It is understood by the parties that this Agreement is entered into for the mutual
convenience and public purposes of the municipalities which are parties hereto, and it is
the parties’ intent that no other parties shall be construed as beneficiaries of this
Agreement, including the owners, residents, or operators of property connected to the
N-1 collection main, regardless of whether such persons are provided wastewater
services under this Agreement.
14
Payment for Services
Each party paying for the performance of governmental functions or services
hereunder shall make those payments from current revenues available to the paying
party.
15
Section or Other Headings
Section or other headings contained in this Agreement are for reference
purposes only and shall not affect in any way the meaning or interpretation of this
Agreement.
16
Amendment
This Agreement may only be amended, altered, or revoked by written instrument
signed by both parties.
Page 10 of 14
Town of Westlake Res 16-25
17
Interpretation
Regardless of the actual drafter of this Agreement, this Agreement shall, in the
event of any dispute over its meaning or application, be interpreted fairly and
reasonably, and neither more strongly for nor against any party.
18
Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument. This Agreement
may be executed in multiple originals.
19
Force Majeure
If, by reasons of Force Majeure, any party will be rendered wholly or partially
unable to carry out its obligations under this Agreement after its effective date, then
such party will give written notice of the particulars of such Force Majeure to the other
party or parties within a reasonable time after the occurrence of such event. The
obligations of the party giving such notice, to the extent affected by such Force Majeure,
will be suspended during the period of the inability, provided that both parties agree to
use good faith and exercise reasonable efforts to remove and overcome such inability.
20
Mutual Assistance
The parties hereto agree to take all reasonable measures which are necessary or
appropriate to carry out the terms and provisions of this Agreement and to aid and assist
each other in carrying out such terms and provisions.
Page 11 of 14
Town of Westlake Res 16-25
21
Exhibits
All exhibits to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same.
CITY OF SOUTHLAKE TOWN OF WESTLAKE
_________________________ _________________________
Date Date
__________________________ _________________________
Laura Hill, Mayor Thomas E. Brymer, Town Manager
ATTEST: ATTEST:
__________________________ __________________________
Lori Payne, City Secretary Kelly Edwards, Town Secretary
Approved as to form and legality Approved as to form and legality
___________________________ __________________________
City Attorney L. Stanton Lowry, Town Attorney
Page 12 of 14
Town of Westlake Res 16-25
Exhibit “A”
Southlake’s Sewer System Master Plan
Page 13 of 14
Town of Westlake Res 16-25
Exhibit “B”
Area Meter Location Map
Page 14 of 14
Town of Westlake Res 16-25
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
- 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
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
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 # 7 – 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 # 8 – Future Agenda
Items
Town Council
Item # 9 – Adjournment
Regular Session