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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.” Page 1 of 5 TOWN OF WESTLAKE, TEXAS Vision Statement An oasis of natural beauty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever expanding urban landscape. TOWN COUNCIL MEETING AGENDA 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. Page 2 of 5 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 Page 3 of 5 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. Page 4 of 5 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 Page 5 of 5 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 Page 1 of 2 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. Page 2 of 2 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